Colorado Second Offense DUI Lawyer

A second DUI in Colorado is far more serious than a first. Judges, prosecutors, and probation officers view a second arrest as proof that the first penalties “didn’t work.” That means you are facing harsher consequences — including mandatory jail time, longer license revocations, higher fines, and stricter probation.

If you’ve been charged with a second DUI, you need a lawyer who understands how to protect your rights and minimize the damage.

Penalties for a Second DUI in Colorado

If convicted of a second DUI, the court must impose mandatory penalties:

• Jail: minimum 10 days up to 1 year in county jail (the 10 days cannot be suspended). Depending on the circumstances, I can often argue for in-home detention (if the prior was more than 5 years old) or work release instead of straight jail.
• Fines: up to $1,500, plus court costs and surcharges
• License revocation: up to 1 year, with longer suspensions possible if you refused testing
• Ignition interlock device: mandatory for at least 2 years once you’re eligible for reinstatement
• Alcohol education and treatment: longer and more intensive than for a first offense
• Community service: up to 120 hours

A second DWAI also carries mandatory jail (minimum 10 days) and increased penalties.

Collateral Consequences of a Second DUI Conviction

• Increased auto insurance costs or loss of coverage
• Serious employment consequences, especially for licensed professionals or commercial drivers
• Immigration issues for non-citizens
• Harsher penalties for any future offenses (a fourth DUI is a felony in Colorado)

Why You Need a Lawyer for a Second DUI

Unlike a first DUI, where judges sometimes give people a break, a second DUI is treated as a repeat-offender case. That means:

• Jail is mandatory under the law — but an experienced lawyer can argue how that time is served (in-home detention or work release).
• The DMV process becomes more complex, and saving your license is harder.
• Prosecutors are far less likely to offer leniency.

I’ve defended hundreds of repeat-offender DUI cases in Adams, Arapahoe, Jefferson, Weld, and Denver. I know how local judges and prosecutors handle these cases, and I know how to fight back.

Defense Strategies for Second Offense DUIs

Even in a second case, the prosecution must prove its case. Defenses may include:

• Challenging the legality of the stop or arrest
• Questioning the accuracy of the breath or blood test
• Challenging the validity of the prior conviction (sometimes the prosecution cannot prove the prior through DMV records, court records, or proper certification)
• Arguing for reduced charges or alternative sentencing by developing a comprehensive mitigation strategy and proactive approach backed by my 20+ years of experience — showing the prosecutor and the court who my client really is, not just what’s in a police report.

Quick FAQ – Second DUI in Colorado

Will I have to go to jail?

Yes, the law requires at least 10 days in jail for a second DUI. However, that does not always mean straight time. Depending on the case, I can often argue for in-home detention (if your prior was more than 5 years old) or work release instead of traditional jail.

Will I lose my license?

It depends. The stakes and complexities are much higher than on a first offense. We fight the case on both fronts: at the DMV and in criminal court. If we can’t save your license, we make it our mission in life to get you reinstated as early as possible.

Can I avoid a second DUI conviction?

Possibly. Every case is unique. If there are weaknesses in the state’s evidence — in the stop, testing, or proving your prior conviction — I may be able to negotiate for a lesser charge or fight for dismissal.

Call Me Today

If you’ve been arrested for a second DUI in Colorado, the risks are far greater than a first offense. Call me at 303-355-5148 for a free consultation.

You’ll speak directly with me, Monte Robbins.