Colorado Has New Mandatory Sentences for Repeat DUI and DWAI Offenders

Governor Bill Ritter Signs Tougher DUI Legislation

On May 25th, Colorado Governor Bill Ritter signed House Bill 1357 into law. HB 1347 increases the mandatory sentencing requirements for repeat DUI and DWAI offenders. Now people convicted of their second or subsequent DUI or DWAI will face mandatory jail time, mandatory minimum of 2 years probation and a requirement of completing an alcohol treatment program.

Specifically, a second DUI or DWAI conviction will require a minimum 10 day jail sentence. If the prior DUI or DWAI conviction was within the last five years then in home detention cannot be substituted for the mandatory jail sentence. A third or subsequent DUI or DWAI conviction will require a minimum 60 day jail sentence. None of the mandatory jail sentence for a third or subsequent DUI or DWAI conviction can be served as in home detention. Judges will still have the ability to allow repeat DUI or DWAI offenders the opportunity to serve their mandatory jail sentences with work or education release sentences.

Bill sponsor Claire Levy, D-Boulder believes that this new legislation will change how DUI and DWAI offenders are treated across the state and have a huge effect on public safety. Senate Majority Leader John Morse, D-Colorado Springs, said that “this bill strikes an important balance between the certainty of punishment if you drive drunk and necessity of treatment for chronic alcohol abusers.”