A justice commission consisting of judges, district attorneys, defense attorneys and probation officers recently approved a legislative proposal requiring jail for repeat DUI offenders in Colorado. The proposal to change Colorado’s DUI laws requires a sentencing judge to impose incarceration on a second or subsequent DUI or DWAI offense. Current Colorado DUI law requires a person convicted of a second DUI or DWAI to a sentence of incarceration, but a Colorado judge may authorize electronic home monitoring for the duration of the sentence. This proposal eliminates a sentencing judge’s discretion to allow a repeat DUI offender in-home detention or electronic home monitoring upon a second alcohol related driving conviction.
This bill, sponsored by Boulder Democrat Claire Levy, follows recent criticism by The Denver Post concerning sentences that judges in Adams and Denver Counties have imposed to multiple DUI offenders.