I recently wrote a blog about how Colorado lawmakers are debating changes to the Sexual Exploitation of a Child law to lessen the punishment for teens convicted of consensual sexting. Well, those same lawmakers are at it again, addressing a different law. This time, however, they are moving in a harsher direction for DUIs. Currently, the felony Driving Under the Influence law gives sentencing discretion allowing a judge to sentence a defendant to Larimer County probation, the Larimer County Jail, and/or time in the Colorado Department of Corrections. House Bill 17-1288 would change that for Fort Collins, Loveland, and Estes Park. If this bill is passed, it will change sentencing for a felony DUI. Instead of giving judges full discretion, anyone who pleads guilty to or is convicted of felony Driving Under the Influence would be required to serve at least 90 days in the Larimer County Jail or 120 days of work release. Other sentencing requirements would include: 48 hours of community service, complete a level II alcohol and drug driving class, and any recommended treatment.
Larimer County Driving Under the Influence Attorney: What is the Definition of DUI?
The Colorado law definition of Driving Under the Influence in Larimer, Boulder, and Grand County – C.R.S. 42-4-1301 – is:
Basically, if a person is in physical control of a vehicle (which includes a bike or bicycle) and their BAC is .08 or higher, they can be charged with Driving Under the Influence. If the person has three or more prior DUI convictions, they will be facing the felony DUI charge.
What Does this New Felony DUI Mandatory Sentencing Requirement Mean?
In my opinion, this new bill regarding sentencing for felony Driving Under the Influence has its positives and negatives. On the positive side, it always seemed ridiculous to sentence someone to 6 years in the Colorado Department of Corrections for a DUI. This new bill proposes a much shorter confinement time, which seems more appropriate. On the negative side, mandatory sentencing means that the DA and judge don’t have a choice in offering plea deals and sentencing. Often during plea negotiations, the amount of time a defendant will have to serve, or a stipulation to probation, are on the table for discussion. This bill limits the terms a DA and criminal defense attorney can discuss and manipulate. Without this freedom, ridiculous results can occur – such as sending someone to prison or a long jail sentence for being drunk on a bicycle. Mandatory sentences are never a good idea.