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DUI, DWI & Criminal Legislation in Colorado  

Driving under the influence--driving while impaired--driving with excessive alcoholic content , section: 42-4-1301

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Penalties/Suspension on Conviction, Prohibition, Colorado DUI Penalties

(9)(a)(I) Every person who is convicted of a violation of paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section shall be punished by imprisonment in the county jail for not less than five days nor more than one year, and, in addition, the court may impose a fine of not less than three hundred dollars nor more than one thousand dollars. Except as provided in subparagraph (II) of paragraph (f) of this subsection (9), the minimum period of imprisonment provided for such violation shall be mandatory. In addition to any other penalty that is imposed, every person who is convicted of a violation to which this subparagraph (I) applies shall perform not less than forty-eight hours nor more than ninety-six hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service.

(II) An offender shall be punished by imprisonment in the county jail for not less than ninety days nor more than one year, and, in addition, the court may impose a fine of not less than five hundred dollars nor more than one thousand five hundred dollars upon a conviction of a violation of any of the following:

(A) Paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section, which violation occurred at any time after the date of a previous violation for which there has been a conviction of paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section or driving while such person's driver's license is revoked;

(B) Section 18-3-106(1)(b)(I), C.R.S.;

(C) Section 18-3-205(1)(b)(I), C.R.S.; or

(D) Paragraph (a) of subsection (1) of this section, driving under the influence, or paragraph (b) of subsection (1) of this section, driving while ability impaired, and the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.20 or more grams of alcohol per one hundred milliliters of blood or 0.20 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving.

(III) The minimum period of imprisonment as provided for a violation described in subparagraph (II) of this paragraph (a) shall be mandatory, but the court may suspend up to eighty days of the period of imprisonment if the offender complies with the provisions of subparagraph (I) of paragraph (f) of this subsection (9). In addition to any other penalty that is imposed, every person who is convicted of a violation to which subparagraph (II) of this paragraph (a) and this subparagraph (III) apply shall perform not less than sixty hours nor more than one hundred twenty hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service.

(IV) An offender shall be punished by imprisonment in the county jail for not less than seventy days nor more than one year, and, in addition, the court may impose a fine of not less than four hundred fifty dollars nor more than one thousand five hundred dollars upon conviction of a violation of any of the following:

(A) Paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section, which violation occurred at any time after the date of a previous violation for which there has been a conviction of paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section;

(B) Section 18-3-106(1)(b)(I), C.R.S.;

(C) Section 18-3-205(1)(b)(I), C.R.S.; or

(D) Paragraph (a) of subsection (1) of this section, driving under the influence, or paragraph (b) of subsection (1) of this section, driving while ability impaired, and the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.20 or more grams of alcohol per one hundred milliliters of blood or 0.20 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving.

(V) The minimum period of imprisonment as provided for a violation described in subparagraph (IV) of this paragraph (a) shall be mandatory, but the court may suspend up to sixty-three days of the period of imprisonment if the offender complies with the provisions of subparagraph (I) of paragraph (f) of this subsection (9). In addition to any other penalty that is imposed, every person who is convicted of a violation to which subparagraph (IV) of this paragraph (a) and this subparagraph (V) apply shall perform not less than fifty-six hours nor more than one hundred twelve hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service.

(b)(I) Every person who is convicted of a violation of paragraph (b) of subsection (1) of this section shall be punished by imprisonment in the county jail for not less than two days nor more than one hundred eighty days, and, in addition, the court may impose a fine of not less than one hundred dollars nor more than five hundred dollars. Except as provided in subparagraph (II) of paragraph (f) of this subsection (9), the minimum period of imprisonment provided for such violation shall be mandatory. In addition to any other penalty which is imposed, every person who is convicted of a violation to which this subparagraph (I) applies shall perform not less than twenty-four hours nor more than forty-eight hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service.

(II) An offender shall be punished by imprisonment in the county jail for not less than forty-five days nor more than one year, and, in addition, the court may impose a fine of not less than three hundred dollars nor more than one thousand dollars upon conviction of a violation of any of the following:

(A) Paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section, which violation occurred at any time after the date of a previous violation for which there has been a conviction of paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section;

(B) Section 18-3-106(1)(b)(I), C.R.S.;

(C) Section 18-3-205(1)(b)(I), C.R.S.; or

(D) Paragraph (a) of subsection (1) of this section, driving under the influence, or paragraph (b) of subsection (1) of this section, driving while ability impaired, and the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.20 or more grams of alcohol per one hundred milliliters of blood or 0.20 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving.

(III) The minimum period of imprisonment as provided for a violation described in subparagraph (II) of this paragraph (b) shall be mandatory, but the court may suspend up to forty days of the period of imprisonment if the offender complies with the provisions of subparagraph (I) of paragraph (f) of this subsection (9). In addition to any other penalty that is imposed, every person who is convicted of a violation to which subparagraph (II) Of this paragraph (b) and this subparagraph (III) apply shall perform not less than forty-eight hours nor more than ninety-six hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service.

(IV) An offender shall be punished by imprisonment in the county jail for not less than sixty days nor more than one year, and, in addition, the court may impose a fine of not less than four hundred dollars nor more than one thousand two hundred dollars upon conviction of a violation of any of the following:

(A) Paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section, which violation occurred at any time after the date of a previous violation for which there has been a conviction of paragraph (a) or (c) of subsection (1) or paragraph (a) of subsection (2) of this section;

(B) Section 18-3-106(1)(b)(I), C.R.S.;

(C) Section 18-3-205(1)(b)(I), C.R.S.; or

(D) Paragraph (a) of subsection (1) of this section, driving under the influence, or paragraph (b) of subsection (1) of this section, driving while ability impaired, and the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.20 or more grams of alcohol per one hundred milliliters of blood or 0.20 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving.

(V) The minimum period of imprisonment as provided for a violation described in subparagraph (IV) of this paragraph (b) shall be mandatory, but the court may suspend up to fifty-four days of the period of imprisonment if the offender complies with the provisions of subparagraph (I) of paragraph (f) of this subsection (9). In addition to any other penalty that is imposed, every person who is convicted of a violation to which subparagraph (IV) of this paragraph (b) and this subparagraph (V) apply shall perform not less than fifty-two hours nor more than one hundred four hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such service.

(VI) Notwithstanding the other provisions of this paragraph ( b), if a person is charged with an offense of driving under the influence under paragraph (a) of subsection (1) of this section and the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.20 or more grams of alcohol per one hundred milliliters of blood or 0.20 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving, and if for such incident such person is then convicted of the lesser offense of driving while ability impaired under paragraph (b) of subsection (1) of this section, then, because of such aggravating factor, such person is subject to the penalties imposed by paragraph (a) of this subsection (9) for such conviction.

(c) The provisions of this subsection (9) relating to the performance of useful public service are also applicable to any defendant who receives a deferred prosecution in accordance with section 16-7-401, C.R.S., or who receives a deferred sentence in accordance with section 16-7-403, C.R.S., and the completion of any stipulated amount of useful public service hours to be completed by the defendant shall be ordered by the court in accordance with the conditions of such deferred prosecution or deferred sentence as stipulated to by the prosecution and the defendant.

(d) For the purposes of paragraphs (a) and (b) of this subsection (9), a person shall be deemed to have a previous conviction of subsection (1) or (2) of this section, or section 18-3-106(1)(b)(I) or 18-3-205(1)(b)(I), C.R.S., if such person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an act which, if committed within this state, would be a violation of subsection (1) or (2) of this section, or section 18-3-106(1)(b)(I) or 18-3-205(1)(b)(I), C.R.S.

(e)(I) Upon conviction of a violation of subsection (1) or (2) of this section, the court shall sentence the defendant in accordance with the provisions of paragraphs (a) and (b) of this subsection (9). The court shall consider the alcohol and drug evaluation required pursuant to subsection (10) of this section prior to sentencing; except that the court may proceed to immediate sentencing without considering such alcohol and drug evaluation if the defendant has no prior or pending charges under this section and neither the defendant nor the prosecuting attorney objects. If the court proceeds to immediate sentencing, without considering such alcohol and drug evaluation, such alcohol and drug evaluation shall be conducted after sentencing, and the court shall order the defendant to complete the education and treatment program recommended in such alcohol and drug evaluation. If the defendant disagrees with the education and treatment program recommended in such alcohol and drug evaluation, the defendant may request the court to hold a hearing to determine which education and treatment program should be completed by the defendant.

(II) For sentencing purposes concerning convictions for second and subsequent offenses, prima facie proof of a defendant's previous convictions shall be established when the prosecuting attorney and the defendant stipulate to the existence of the prior conviction or convictions or the prosecuting attorney presents to the court a copy of the driving record of the defendant provided by the department of revenue of this state, or provided by a similar agency in another state, which contains a reference to such previous conviction or convictions or presents an authenticated copy of the record of the previous conviction or judgment from any court of record of this state or from a court of any other state, the United States, or any territory subject to the jurisdiction of the United States. The court shall not proceed to immediate sentencing when there is not a stipulation to prior convictions or if the prosecution requests an opportunity to obtain a driving record or a copy of a court record. The prosecuting attorney shall not be required to plead or prove any previous convictions at trial, and sentencing concerning convictions for second and subsequent offenses shall be a matter to be determined by the court at sentencing.

(f)(I) The sentence of any person subject to the provisions of subparagraph (II), (III), (IV), or (V) of paragraph (a) or subparagraph (II), (III), (IV), or (V) of paragraph (b) of this subsection (9) may be suspended to the extent provided for in said subparagraphs if the offender receives a presentence alcohol and drug evaluation; based on that evaluation, satisfactorily completes an appropriate level I or level II alcohol and drug driving safety education or treatment program; and abstains from the use of alcohol for a period of one year from the date of sentencing. Such abstinence shall be monitored by the treatment facility by the administration of disulfiram or by any other means that the director of the treatment facility deems appropriate. If, at any time during the one-year period, the offender does not satisfactorily comply with the conditions of the suspension, that sentence shall be reimposed, and the offender shall spend that portion of such offender's sentence which was suspended in the county jail.

(II) In the case of any person who is sentenced pursuant to the provisions of subparagraph (I) of paragraph (a) or subparagraph (I) of paragraph (b) of this subsection (9), the court may suspend the mandatory minimum of any sentence of imprisonment if, as a condition thereof, the offender has a presentence or postsentence alcohol and drug evaluation and satisfactorily completes and meets all financial obligations of a level I or level II program as is determined appropriate by the alcohol and drug evaluation required pursuant to subsection (10) of this section.

(g) In addition to the penalties prescribed in this subsection (9):

(I) Persons convicted of violations of subsection (1) or (2) of this section are subject to the costs imposed by section 24-4.1-119(1)(c), C.R.S., relating to the crime victim compensation fund;

(II) Persons convicted of violations of subsection (1) or paragraph (a) of subsection (2) of this section are subject to an additional penalty surcharge of not less than twenty-five dollars and not more than five hundred dollars for programs to address persistent drunk drivers. Any moneys collected for such surcharge shall be transmitted to the state treasurer, who shall credit the same to the persistent drunk driver cash fund created by section 42-3-130.5.

(III)(A) A person convicted of a violation of paragraph (a) or (b) of subsection (1) or of paragraph (a) of subsection (2) of this section, which violation occurred on or after July 1, 2000, and within five years after the date of a previous violation for which there was a conviction under paragraph (a) or (b) of subsection (1) or paragraph (a) of subsection (2) of this section, shall be required to obtain a restricted license pursuant to the provisions of section 42-2-132.5 for a period of not less than one year after reinstatement.

(B) Deleted by Laws 2000, Ch. 241, § 7, eff. July 1, 2000.

(h) In addition to any other penalty provided by law, the court may sentence a defendant who is convicted pursuant to this section to a period of probation for purposes of treatment not to exceed two years. As a condition of probation, the defendant shall be required to make restitution in accordance with the provisions of section 16-11-204.5, C.R.S. In addition to any other penalty provided by law, the court may sentence a defendant to attend and pay for one appearance at a victim impact panel approved by the court, for which the fee assessed to the defendant shall not exceed twenty-five dollars.

(i)(I) For the purposes of this subsection (9), "useful public service" means any work which is beneficial to the public and which involves a minimum of direct supervision or other public cost. "Useful public service" does not include any work which would endanger the health or safety of any person convicted of a violation of any of the offenses specified in subsection (1) or (2) of this section.

(II)(A) The sentencing court, the probation department, the county sheriff, and the board of county commissioners shall cooperate in identifying suitable work assignments. An offender sentenced to such work assignment shall complete the same within the time established by the court.

(B) There may be established in the probation department of each judicial district in the state a useful public service program under the direction of the chief probation officer. It is the purpose of the useful public service program: To identify and seek the cooperation of governmental entities and political subdivisions thereof, as well as corporations organized not for profit, for the purpose of providing useful public service jobs; to interview and assign persons who have been ordered by the court to perform useful public service to suitable useful public service jobs; and to monitor compliance or noncompliance of such persons in performing useful public service assignments within the time established by the court.

(C) Any general public liability insurance policy obtained pursuant to this subsection (9) shall be in a sum of not less than the current limit on government liability under the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.

(III) For the purposes of the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S., "public employee" does not include any person who is sentenced pursuant to this subsection (9) to participate in any type of useful public service.

(IV) No governmental entity shall be liable under the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., or under the "Colorado Employment Security Act", articles 70 to 82 of title 8, C.R.S., for any benefits on account of any person who is sentenced pursuant to this subsection (9) to participate in any type of useful public service, but nothing in this subparagraph (IV) shall prohibit a governmental entity from electing to accept the provisions of the "Workers' Compensation Act of Colorado" by purchasing and keeping in force a policy of workers' compensation insurance covering such person.

(V) On and after July 1, 1984, in addition to any other penalties prescribed in this subsection (9), the court shall assess an amount, not to exceed sixty dollars, upon any person required to perform useful public service. Such amount shall be used by the operating agency responsible for overseeing such person's useful public service program to pay the cost of administration of the program, a general public liability policy covering such person, and, if such person will be covered by workers' compensation insurance pursuant to subparagraph (IV) of this paragraph (i) or an insurance policy providing such or similar coverage, the cost of purchasing and keeping in force such insurance coverage. Such amount shall be adjusted from time to time by the general assembly in order to insure that the useful public service program established in this subsection (9) shall be financially self-supporting. The proceeds from such amounts shall be used by the operating agency only for defraying the cost of personal services and other operating expenses related to the administration of the program and the cost of purchasing and keeping in force policies of general public liability insurance, workers' compensation insurance, or insurance providing such or similar coverage and shall not be used by the operating agency for any other purpose.

Comments : Driving under the influence--driving while impaired--driving with excessive alcoholic content

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