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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son recently pleaded not guilty to his second DUI offense.

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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?

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?

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.

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.

I see; thank you.

Roger : Here's a link that outlines the penalties:

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

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