Colorado’s DUI laws have become stricter over time, with penalties increasing significantly for repeat offenses. For a first DUI conviction, penalties typically involve probation and fines, while second and third offenses lead to mandatory jail time. In 2015, Colorado took a firm stance on DUI offenses by making a fourth or subsequent DUI a Class 4 felony, which can result in two to six years in prison and fines up to $500,000.
However, a fourth DUI charge does not automatically lead to a felony conviction in every case. Colorado’s DUI statute contains certain provisions that allow some fourth-time DUI cases to be treated as misdemeanors, depending on the circumstances.
Understanding Prior DUI Convictions in Colorado
Colorado law counts a wide range of prior offenses when determining penalties for DUI. This includes not only DUIs but also DWAI (Driving While Ability Impaired), which is considered a less serious offense. Additionally, convictions for vehicular assault or vehicular homicide related to alcohol can also be factored into the penalty calculation.
It’s important to note that all prior alcohol-related convictions are considered, regardless of when or where they occurred, even if they took place in another U.S. state or territory.
When a Fourth DUI is Not a Felony
According to C.R.S. 42-4-1301, Colorado law stipulates that a fourth DUI offense typically qualifies as a felony after three prior DUI convictions. However, the statute specifically mentions that a DUI becomes a felony only if the prior convictions have resulted in sentencing. This means that if a person has been charged with DUI multiple times but has not yet been sentenced for all of those charges, the fourth DUI may still be classified as a misdemeanor.
According to the Colorado Office of Legislative Legal Services, a driver convicted of a first-time DUI could face the following:
A second DUI offense carries increased penalties, including:
For a third DUI-D offense, the penalties become even more severe, although it remains a misdemeanor. These include:
A fourth DUI conviction results in much harsher penalties, as it becomes a felony. The consequences include:
Those who are arrested for DUI in Colorado may be worried about how the penalties of a possible conviction could harm them financially and legally. If you were recently arrested for drinking and driving, consult with an attorney to determine what you can do to protect your legal rights.
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.