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Mandatory Sentencing In Felony DUI Cases

Posted by Robert Werking | Aug 10, 2017 | 0 Comments

After August 11, 2017, all persons convicted of a felony DUI (Driving Under the Influence) will be sentenced to 90 to 180 days in jail prior to being placed on probation.  If an offender is sentenced to work release then the minimum jail sentence is 120 days.

As noted in the Denver Post http://dpo.st/2wnazTi, one third or approximately 30% of all convictions for felony DUI resulted in a straight probationary sentence with no jail or prison time.  Because local elected district attorneys felt the courts were being too lenient with the offenders, they lobbied the state legislature to make this change.

IF YOU OR A LOVED ONE IS CHARGED WITH FELONY DUI, CALL THE EXPERIENCED AND AGGRESSIVE DENVER BASED ATTORNEYS AT LFM DEFENSE.

The actual text of the changes reads as follows:

REQUIRE THE DEFENDANT TO SERVE AT LEAST NINETY DAYS BUT NOT MORE THAN ONE HUNDRED EIGHTY DAYS IMPRISONMENT IN THE COUNTY JAIL. DURING THE MANDATORY NINETY-DAY PERIOD OF IMPRISONMENT, THE DEFENDANT IS NOT ELIGIBLE FOR DEDUCTIONS OF HIS OR HER SENTENCE PURSUANT TO SECTION 17-26-109 OR FOR TRUSTY PRISONER STATUS PURSUANT TO SECTION 17-26-109 (1)(c); EXCEPT THAT A DEFENDANT RECEIVES CREDIT FOR ANY TIME THAT HE OR SHE SERVED IN CUSTODY FOR THE VIOLATION PRIOR TO HIS OR HER CONVICTION. DURING THIS MANDATORY PERIOD OF IMPRISONMENT, THE COURT DOES NOT HAVE DISCRETION TO EMPLOY ANY SENTENCING ALTERNATIVES DESCRIBED IN SECTION 18-1.3-106.

DON'T STAND ALONE, CALL THE EXPERIENCED DENVER CRIMINAL ATTORNEYS AT LFM DEFENSE (720) 644-5342.

About the Author

Robert Werking

PARTNER Rob Werking is a committed and experienced Denver based criminal attorney with over thirty (30) years of trial work.  Mr. Rob Werking has tried hundreds of cases in the state district courts, county courts, and all municipal courts.

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