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Attorney: Multiple DUI offenses do not revoke license

COLORADO SPRINGS, Colo. - A Pueblo man who plead guilty three times to driving under the influence still had his license when police said he crashed into a home, killing his niece.

Danny Case, 34, was arrested Friday after police said he crashed a Ford Ranger into a home, killing his niece, 6-year-old Alexis Case. It happened around 7:15 p.m. on the 500 block of Starlite Drive.

He plead guilty to DUIs in 2003, 2005 and 2007. He was sentenced to probation.

According to an arrest affidavit for Case, when police arrested him Friday his eyes were bloodshot, his speech was slurred and he had a strong smell of alcohol.

Attorney Jeremy Loew explained you can have multiple DUI charges on your record and still keep your license.

"Your license is not suspended indefinitely, it's suspended for a period of time," said Loew.

It means a frequent offender can get his license back after it's been suspended. Had there not been a life lost in this case in Pueblo, Loew said Case could have gotten his license back.

"He could still be on the road, he could still be driving. He could still be picking up new DUI charges. He could obviously have a suspension of his license for a period of time but after that suspension, he would be able to drive again," said Loew.

Vaughn Littrell knows first hand, the punishment isn't enough.

"I wish I would have learned from my first one, I wish they had said, you're not allowed to drive for a certain amount of time, this is what you're going to do, this is the jail time you are going to serve, this is the seriousness of the situation," said Littrell.

Littrell got his second DUI 10 months after his first DUI. On the day of his second arrest, he said he knew he shouldn't be driving, but he got behind the wheel. His car flipped, seriously injuring his sons and killing a woman in the other car.

"Someone doesn't have their mom, someone doesn't have their daughter, and it's because of what I did," said Littrell.

He now speaks about his experience around the country. He hopes his message inspires others to be smart and never drive drunk.

The Colorado Legislature is considering a bill that would crack down on repeat DUI offenders.  It would make a third DUI in seven years a felony. It would also make a fourth DUI in any number of years a felony.

Littrell agrees with the bill, and said it's a small price for the big danger drunken drivers bring to the streets.

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