You see those familiar blue and red lights flashing in your mirror, and your stomach sinks. You’ve experienced this before, but this time, it feels different. A 2nd DUI in Colorado is not just a rough night. It’s a serious legal and personal turning point. The good news? There is still a way forward for you.
Our Boulder DUI attorney provides an overview of what to expect, the risks involved, and immediate actions you can take to safeguard your future.
Please reach out online or by phone at (970) 219-2923 today to set up your free consultation.
A second DUI sets off two separate processes, one in criminal court and another through the Colorado Department of Motor Vehicles (DMV). In court, you face jail time, fines, probation, and mandatory alcohol treatment. At the same time, you risk a one-year license revocation with the DMV and strict ignition interlock rules once reinstated.
You only have a short window, often seven days, to request a DMV hearing, so acting quickly can preserve your right to drive.
A second conviction carries mandatory minimum penalties.
Sentences vary by county and judge, with key statutory ranges, including:
Aggravating factors, like a high blood alcohol content (BAC), an accident, or prior convictions, can drive sentences higher. On the other hand, early steps such as voluntary treatment, steady employment, and clean testing can help limit jail exposure.
The statute sets the range between 10 days and 1 year, but actual outcomes depend on BAC, accident involvement, county, and personal mitigation efforts. Legal penalties are only part of the equation. Your driver’s license and daily life are on the line, too.
A second DUI means losing your driver’s license for one year. Once eligible, reinstatement requires an ignition interlock device, typically for two years if the court classifies you as a Persistent Drunk Driver (PDD).
Not yet. A 2nd DUI is a misdemeanor, though penalties are harsh. DUI becomes a felony at the fourth lifetime conviction or when it involves serious injury or death.
Colorado law requires at least 10 days in jail, but that doesn’t always mean 10 nights behind bars.
Many judges allow alternative sentencing, such as:
Completing Level II therapy early, using an ignition interlock right away, and maintaining verified abstinence can all help your lawyer argue for leniency.
A plea agreement may reduce your exposure if your attorney can identify weaknesses in the state’s case.
Some common defense angles in Colorado DUI litigation include:
Each case depends on evidence, including bodycam footage, calibration logs, medical conditions, and timeline accuracy, which can all influence the outcome. A single procedural error may alter the entire case.
Judges in Colorado take repeat DUIs seriously. Jail time is common, but mitigation matters. Those who demonstrate accountability through early treatment, sobriety monitoring, community support, and a clean record since arrest often earn structured probation or alternative sentencing.
Your chances of going to jail for a second DUI depend on BAC level, prior record, county policy, and whether an accident occurred. That’s why timely representation is critical: your attorney can begin framing a mitigation narrative before the first court date.
At Merson Law Office, LLC, founding attorney James Merson has spent over two decades defending DUI cases throughout Colorado (including Boulder, Fort Collins, Weld County, and more). He’s known for finding the “escape hatch” others miss, whether it’s a procedural error, testing flaw, or treatment path that minimizes jail time and protects your license.
Our firm focuses on results: dismissals, reduced charges, and tailored sentencing agreements that allow clients to keep their jobs, families, and stability intact.
If you’re dealing with your 2nd DUI in Colorado, the countdown has begun for your DMV and court deadlines. The sooner you start, the more leverage you have. Let’s start building your defense plan today.
Reach out to us online or by calling (970) 219-2923 today to set up your free consultation.
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