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What is the colorado statute time ? I have

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what is the colorado statute...

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
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5/2/2015
Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,923
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
I am sorry to hear about this situation. To clarify, is this your third DUI conviction?
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Customer reply 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.

Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you. So this would be the fourth DUI/DWAI then, correct?
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Customer reply replied 2 years ago

No. Third. One DWAI, then 2 DUI

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

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

Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you. Okay, then this would be one's fourth DUI/DWAI conviction if convicted.
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Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
They all count for the same thing - DWAI, DUI, DEAC, DUR, or DARP.
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Customer reply 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 jail...run them concurrently so the 10 is within the 30 and grant time served. I have already served the 30 days.

Criminal Lawyer: Ely, Counselor at Law 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.
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Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
So I am sorry to say that what you seek is not technically within the Judge's ability.
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Criminal Lawyer: Ely, Counselor at Law replied 2 years ago
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