If you have been charged with a DUI, this can be a very scary and stressful process for those who do not understand what it entails. The good news for DUI offenders is that there are alternative sentencing options that may not be as severe as you may think. The type of sentence you get for a DUI charge will depend on whether or not this is your first offense, as well as a few other factors.
To set yourself up for the best chance of getting a lesser sentence, you will need to hire a DUI defense attorney to represent you. An attorney can help you understand what your options are and provide evidence that could help you avoid jail time.
Probation
Probation is a very common sentencing option for DUI offenders that holds them accountable without having life-altering implications. This is when you must comply with specific requirements and restrictions for a designated amount of time following your conviction.
An example of probation for DUI offenders is alcohol probation. This is an alternative sentencing option where you have to undergo an alcohol evaluation, perform community service, attend a victim impact panel, and go to alcohol classes. Consumption of alcohol is also prohibited during the timeline of your alcohol probation.
House Arrest
Some individuals with DUI convictions may be able to receive house arrest instead of jail time. House arrest is when the convicted individual has to remain inside of their home during the period of their sentence. To ensure they do this, they will often have to wear an electronic monitoring device that shows their location.
If you receive house arrest instead of jail time, you will often be allowed to still attend work or school as well as other responsibilities you may have. The conditions of your house arrest will be very dependent on the elements of your DUI conviction and whether or not this is a first-time offense.
Work Release
It is not uncommon for those who receive a DUI charge to face a certain amount of jail time. How long this is will depend on the different elements of your DUI case and if you are a repeat offender.
A type of alternative sentencing option you may have access to is a work release sentence. This is when you are required to serve jail time, but you have a work release that allows you to leave the jail each day for your job.
Multiple Offender Program
Even if you are a repeat DUI offender, you still have access to alternative sentencing options. Your DUI defense lawyer may be able to help you with this by proving that you have a desire to recover.
A multiple-offender program is an option where you are required to attend a treatment program when you are in jail serving your time. If you are able to complete this program successfully, you may be able to transition to probation or house arrest for the remainder of your sentence.
DUI Court
Alternative and diversion courts are becoming increasingly more common across the country. DUI courts are no exception. If you are a repeat offender and are facing felony DUI charges, you may be eligible for DUI Court.
DUI court is an intensive, court-run program designed specifically for repeat offenders. It typically consists of regular meetings in a courtroom with a judge and intensive substance abuse, and often mental health treatment on top of normal probation conditions. Oftentimes, DUI Court is a path to avoid lengthy jail or prison sentences and to treat underlying substance abuse problems.
Community Service
Community service is a requirement for every non-felony DUI offense in Colorado. For first-time offenders, this includes 48 to 96 hours of public service. If this is your second offense, you may have to do up to 120 hours of public service.
Aside from being a sentencing option, community service is considered to be a way of re-integrating DUI offenders into their community by providing a helpful service.
Ignition Interlock Device
An alternative sentencing option for DUI offenders that you have most likely already heard of is an ignition interlock device. Ignition interlock devices test your blood alcohol content before you are able to drive your vehicle.
How long you are required to have an ignition interlock device depends on your blood alcohol content. The required timeline could be anywhere from eight months to two years, with the possibility of being eligible to have it removed earlier if you have not failed any tests.
Another thing to remember is that you will usually be eligible to request a restricted license immediately after being convicted of a DUI. A restricted license allows you to drive in certain circumstances, such as attending DUI programs, going to work, or driving to school.
The only times you would not be eligible for this is if you refused a chemical test or your blood alcohol concentration was above a specific limit. In these instances, you would usually have to wait a certain amount of time before you can apply for a restricted license.
When Can Someone Obtain Alternative Sentencing?
Every DUI is very unique, depending on the factors and circumstances around the DUI arrest. Because of this, whether or not you can obtain alternative sentencing will be dependent on the details of your case.
First-time offenders have a higher chance of receiving alternative sentencing since they do not have a history of DUIs. Your criminal record can also impact this since those with a clean criminal record may be less likely to re-offend.
Other factors taken into consideration include whether you are a risk to the public, if there were any aggravating circumstances, and how high your blood alcohol concentration was. How open you are to receiving alcohol treatment can also impact your ability to receive alternative sentencing.
Another thing to be aware of is that DUI charges can have an impact on your immigration status. For instance, you may face deportation if there are aggravated circumstances or if you are a repeat offender.
Hire an Experienced DUI Defense Attorney at The Law Offices of Clifton Black
As serious as DUI charges are in Colorado, these charges do not always have to come with life-altering consequences. There are several sentencing options that aren’t as serious and are designed to help you get back on your feet. A DUI defense attorney can help you understand these sentencing options as well as what you could qualify for.
At the Law Offices of Clifton Black, we are dedicated to protecting the rights of our clients and getting them the best results possible. For empathetic and expert legal representation, contact us today at 719-328-1616 for a consultation regarding your case.
