New penalties are scheduled to go into effect for those arrested for driving under the influence in Colorado. Beginning July 1, 2010 those Colorado DUI offenders will face more jail time and additional public service.

A drunk driver could be sentenced up to 5 days in jail for a first offense. A second arrest will bring about a mandatory minimum 10 day jail sentence, and a third or subsequent offense would result in a mandatory minimum 60 day jail term. The new law removes the judge's discretion in the case and is in response to reaction to an investigation that showed repeat offenders often received fairly light penalties. Currently, a judge can reduce a jail sentence for repeat offenders to as few as 6 days.

Those convicted of drunk driving in Colorado will also have to serve more public service hours and pay for their own drug or alcohol rehabilitation. Failure to undergo treatment could result in a additional time in jail.

The new law is intended to address the problems of chronic drinking and driving. It is hoped that getting help will reduce recidivism and possibly save lives.

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Rep. Claire Levy (D-Boulder) would like for second time Colorado DUI offenders to spend 10 days in jail and then be placed on 2 years supervised probation. A third or subsequent offense would result in 60 day jail term. During probation, offenders would be required to enroll in DUI education and alcohol/drug treatment.

Another goal of Levy’s bill would make sentencing for DUI in Colorado consistent across the state. Currently sentences can include in-home detention rather than time in county jail. Rep. Cory Gardner (R-Yuma) has introduced a bill requiring a second drunk driving offense in Colorado to be filed as a felony. A conviction would result in a jail term with the Colorado Department of Corrections. The authors consider the two bills similar in effort, with a focus on roadway safety. Both also call for education and treatment as part of the solution to CO drunk driving. According to the Colorado Human Service, such activities are effective in reducing recidivism.

Of concern is the financial impact of the measures on local economies and county jail budgets. The burden of costs associated with the incarceration of additional criminal offenders would fall on the county governments, not the state. Rep. Gardner has pledged to work with local sheriffs to find beds for those found guilty of DUI in Colorado, and to see if state funds can be made available.

Reps. Levy and Gardner say they are willing to work together to address the issue of chronic drunk driving in Colorado.

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It also makes the operation of any waterborne vessel subject to a drunk boating arrest. Previously the Colorado BUI laws covered motorboats and sailboats. The new legislation expands the law to anything powered by motor, paddle or oar, including jet skis, kayaks, canoes and rafts.

BUI penalties can include a jail term, fines, a restriction on use of the watercraft and community service.

The new law comes at a time when police officers across the state are cracking down on drunk driving in Colorado. The drunk boating law will be enforced by Colorado Park Rangers and county peace officers. Colorado is the 38th state to apply a blood alcohol content limit to watercraft.

If you have been charged with Driving Under the Influence in Colorado you need to hire a CO DUI Lawyer.

State legislators discovered that those who are issued a summons for DUI are not subject to penalties and restrictions as those who are arrested. Because motorists are only given a ticket and not required to make bail, Colorado DUI laws limit the actions that judges can initiate.

The new bill would require bail being set for everyone charged with drinking and driving in Colorado, even if only a summons is issued. That would allow judges to impose penalties such as prohibiting alcohol consumption and requiring use of an ankle-monitoring bracelet.

A summons is commonly issued for DUI in Colorado because of jail overcrowding. Statistics from Weld County indicate that less than 1 percent of drunk drivers are jailed. The remainder are given a summons to appear in court.

The bill has passed the Colorado Senate and is currently in the House for review. If passed, it with provide law enforcement officers and the courts more options when addressing the problem of drunk driving, and it does not remove the ability to issue a summons for DUI.

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