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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What is the colorado statute time ? I have

Customer Question

what is the colorado statute for jail time for dui? I have a second and third offense of which I was given 10 days jail time for 2nd and 60 days jail time for 3rd, of which 30 days was taken off for time spent in rehab. I have already completed the 30 days on work release and still have the 10 days to serve. I am trying to ask the judge to run the jail sentences concurrently and grant time served. Is this possible?  If this isn't possible due to statute, I want to know if I can serve the jail time on weekends or does it have to be 10 days straight time?

Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; (B) You may or may not see a timer on the question. The site is doing some testing, but do not worry, this timer should not get in our way. The question may be answered sooner than the timer ends, or a little after. The timer may reset or it may not. Point is - I will try and make it work for our conversation; and(C) For the sake of clarity I may break my replies into several parts, so there may be a slight delay between your follow ups and my replies. Ergo, until you see me saying "I am ready to be rated," that means I am still working with you and we have not finished yet.
Expert:  Ely replied 2 years ago.
I am sorry to hear about this situation. To clarify, is this your third DUI conviction?
Customer: replied 2 years ago.

The first was a DWAI several years ago. I was going through a divorce and got the next 2 within 2 weeks of each other.

Expert:  Ely replied 2 years ago.
Thank you. So this would be the fourth DUI/DWAI then, correct?
Customer: replied 2 years ago.

No. Third. One DWAI, then 2 DUI

Expert:  Ely replied 2 years ago.
Thank you. Well, for purposes of punishment, they count the same.
Expert:  Ely replied 2 years ago.
So just to confirm, you have had one DWAI conviction, and two DUI convictions prior to this incident - correct?
Customer: replied 2 years ago.

One dwai several years ago, then 2 dui convictions in January, 2014.

Expert:  Ely replied 2 years ago.
Thank you. Okay, then this would be one's fourth DUI/DWAI conviction if convicted.
Expert:  Ely replied 2 years ago.
They all count for the same thing - DWAI, DUI, DEAC, DUR, or DARP.
Customer: replied 2 years ago.

I understand. I have 3....not a 4th. I want to know if the judge can overturn the jail sentence and run them concurrently. So instead of 30 days jail and 10 days them concurrently so the 10 is within the 30 and grant time served. I have already served the 30 days.

Expert:  Ely replied 2 years ago.
Sure. Okay, there is technically not a fourth DUI penalty in Colorado - it is third or more. The state's DUI laws require a mandatory 60 consecutive days in county jail for third or subsequent DUI offense. This is mandatory which means the court cannot suspend any part of the time or agree to concurrent days. The judge literally has no power to do this.
Expert:  Ely replied 2 years ago.
So I am sorry to say that what you seek is not technically within the Judge's ability.
Expert:  Ely replied 2 years ago.
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