i got a dwai in ny, can colorado treat this like a second offense? im charged with dui here in colorado but they are charging me like its my 2nd and its not
1 Answer from Attorneys
Your prior criminal record, in this case your dwai, can be considered when determining your sentence or any plea agreement. However, it can't be considered as a 2nd violation of the Colorado drinking and driving law. The basis is you get charged as 2nd time offender for violating the Colorado law. Here, Colorado does not have jurisdiction to punish you for actions that happened outside of Colorado. Its criminal law does not extend to ny.