When can a Colorado DUI be treated as a felony offense?

On Behalf of | Jan 23, 2025 | DUI/DWI |

People facing driving under the influence (DUI) charges have a few options available to them. They can either plead guilty or attempt to defend against the state’s allegations. Even those who insist they did not break the law may find themselves considering a guilty plea. They worry about their ability to counter chemical evidence or about the expense and exposure possible during a criminal trial.

What defendants sometimes fail to consider is the possibility of prosecutors bringing felony DUI charges against them. They may then face more serious penalties and a criminal record that could limit their options for years to come.  Not every DUI scenario results in a minor misdemeanor charge. Sometimes, Colorado prosecutors can bring felony charges in drunk driving cases.

When can the state pursue a felony charge over allegations of drunk driving?

When the driver has a history of charges

Those who have driven drunk once are at elevated risk of facing the same charges again in the future. Reoffending is common, especially if the individual accused struggles to regulate their consumption of alcohol.

The state can pursue felony DUI charges against people who have three or more previous DUI convictions. A fourth or subsequent DUI is a felony offense, and state lawmakers have passed legislation increasing the potential penalties for a felony DUI coming from a fourth or subsequent DUI charge.

Drivers convicted of a felony offense may have to serve between two and 12 years in prison, up to $500,000 in fines and give up their driving privileges during a lengthy license suspension. In some cases, a judge can order probation, which can reduce the incarceration penalties imposed.

When an impaired driver causes a crash

The law in Colorado allows prosecutors to bring felony charges in cases where drunk drivers cause crashes that have negative consequences for others. If an impaired motorist causes a crash that injures another person or results in someone dying, felony charges are possible.

Often, police officers asked in serious collisions to submit to chemical testing as a means of screening them for intoxication. If the crash results in injury, the maximum penalties include six years in prison and $500,000 in fines. If someone dies, the driver could serve up to 12 years in prison and need to pay up to $750,000 in fines.

Those facing felony DUI charges may need help considering different defense strategies. Fighting back against felony charges or even a first DUI charge can help people avoid the long-term repercussions a felony criminal record might inspire.