Denver Post: 1 in 3 DUI arrests is a repeat offender

Mon, 21 July, 2008

Although every DUI arrest is a serious and possibly life-changing event, when a person is arrested for a second or greater drunk driving offense in Colorado, the charges can have an even greater impact on one’s life. Under Colorado law, jail or a jail alternative (such as work release or in-home detention) become mandatory in certain circumstances. Jail is mandatory when a person has a prior conviction for a DUI, DUI per se, or a DWAI. The mandatory minimum that must be actually served for those on a second offense will range from 5 to 10 days (actual time served minus any good time). The amount is determined by whether the person is pleading to a DUI or a DWAI and the level of the prior conviction. For example, a person pleading to DUI with a prior DWAI conviction, the mandatory minimum is 70 days jail. However, up to 63 days of that time may be suspended with alcohol classes/treatment. Leaving at least 7 of those days to be served as actual jail time.

Another situtation that carries mandatory jail is if a person has a breath or Blood Alcohol Content (BAC) at or above a .20. In this case the law requires a minimum of a 10 day jail sentence. See Colorado Revised Statutes 42-4-1301(7)(a) for an outline of possible penalties in other situtations and combinations of pleas.

Keep in mind, these numbers are statutory minimums. These minimums are typically much lower than DAs in many jurisidctions would offer, or Judges would even be willing to accept, on a second or multiple drunk driving charge. Remember, the facts of each case will vary greatly and the facts will often times impact the offer extended.

The number of repeat offenders in Colorado would be surprising to many. As I mentioned in the headline, the Denver Post conducted a survey from 2005 to 2007 that concluded 34.9% of DUI arrests in Colorado in this time period were repeat offenders

The Denver Post Post reported:
“From 2005 to 2007, an average of 31,011 suspected drunken drivers were arrested each year in Colorado, according to statistics from the Colorado Bureau of Investigation. An average of 10,835 drunken drivers each year had at least one prior DUI arrest, according to Division of Behavioral Health data from probation-department evaluations of drivers facing DUI charges.

Of those with prior DUIs, 5,679 Colorado had at least three prior offenses, 84 had been stopped for driving drunk at least 10 times and five had more than 20 prior offenses.”

http://www.denverpost.com/news/ci_12232263

See also the Gazette: http://www.gazette.com/articles/arrests-52474-denver-dui.html