Colorado lawmakers were proud to establish a new law that would enforce stricter sentences on repeat offenders for certain crimes such as driving under the influence. At the time the law was established, there was an unknown loophole preventing many offenders from serving jail time as intended. One man's case was an example of the loophole when he was sentenced to only probation and no prison time after his fifth conviction for a felony DUI.
A 47-year-old man had not been sentenced to spend time in a Colorado prison despite five convictions for a DUI over the last 20 years. After his last conviction, the man was sentenced to probation. Instead of jail time as the new law was supposed to require, his probation required random urine screens, fines and treatment.
Since his last conviction, lawmakers have corrected the loophole. Despite initially avoiding prison time, it appears as if the man will serve prison time due to a probation violation. Allegedly, he avoided some of the random urine screens, has not paid $25,000 in fines and is no longer in his treatment program. The man's former significant other has also apparently made claims that the man has bragged about his evasion of jail time throughout the process.
Any criminal case is complicated and can be overwhelming for the accused. The constantly changing laws in Colorado can further confuse the process. Savvy defense lawyers are familiar with the felony DUI law changes and the potential effect they can pose to a client's case. Clients often find it beneficial to speak to an attorney as soon as they possible following an arrest to prevent unnecessary damage to their defense case.
Source: kdvr.com, "Repeat DUI offender finally going to prison", Rob Low, Dec. 20, 2017