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My son recently pleaded not guilty to his second DUI offense.

Today we received notice that...
My son recently pleaded not guilty to his second DUI offense. Today we received notice that the district attorney is seeking the court's OK to file a second count against him. Why is the DA doing this? Is this a punitive step or an attempt to frighten my son into agreeing to a plea offer?
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9/28/2013
Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,872
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
Roger : Is the new charge related to the DUI, or is it something different?
Customer:

It says SECOND COUNT: DRIVING UNDER THE INFLUENCE PER SE - SECTION 42-4-1301(2)(a), C.R.S. (M) [73284] so I assume it's related to the DUI

Roger : Ok. Thanks for the information. It's unusual for the prosecutor to add a second count after a charge and plea has already been made.
Customer:

What could it mean?

Roger : Driving Under the Influence Per Se is a section of the DUI code in Colorado that makes it illegal to drive if your blood alcohol content is tested over .08 within 2 hours of driving. This section does not require "influence" or "intoxication". The mere fact of the BAC level over .08 within 2 hours of driving is sufficient to sustain the charge.
Roger : Thus, the proof from the main DUI case could have established this fact - - which would be the reason for it.
Customer:

I see; thank you.

Roger : Here's a link that outlines the penalties: http://noduicolorado.org/PreventingADUI/PerSeAlcoholLaw.php#.UkZUtue9KSM
Customer:

Thanks again! He's seeking a lawyer, but I just thought this was odd.

Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31,872
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
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Category: Criminal Law
Satisfied Customers: 31,872
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