It’s late, you’re driving home after dinner with friends, and flashing lights suddenly fill your rearview mirror. The officer asks you to step out, and before you know it, you’re facing a DUI charge. You’re wondering what this means for your record and your future. The question that keeps echoing is: When does a DUI become a felony in Colorado?
Typically, a first or second DUI is classified as a misdemeanor. But once you’ve reached your fourth DUI or if someone was seriously injured or killed, the charge escalates to a felony with mandatory sentencing. Our Boulder DUI defense attorney breaks down what that means for you, and what steps you can take to protect your future.
Call us at (970) 219-2923 or send us an online message today to request your free consultation.
In Colorado, driving under the influence (DUI) means operating a vehicle while impaired by alcohol, drugs, or both, or having a blood alcohol concentration (BAC) of 0.08% or higher. A lower BAC between 0.05% and 0.079% can lead to a DWAI (Driving While Ability Impaired) charge.
In Colorado, DUIs are categorized by the number of prior convictions and the circumstances surrounding the incident. A felony DUI in Colorado often involves aggravating factors, such as previous convictions or serious injury.
Colorado law makes a fourth or subsequent DUI a Class 4 felony, regardless of when or where prior convictions occurred. This includes prior DUIs from other states.
In addition, DUI charges automatically become felonies if they involve:
In Colorado, a felony DUI is more severe than a first or second DUI, which are classified as misdemeanors. It carries mandatory prison time, stricter probation requirements, and results in a permanent felony record that can impact employment, housing, firearms, and other rights.
When does a DUI become a felony? The State is more likely to treat your DUI as a felony when you have three or more prior DUI, DWAI, or DUI per se convictions, or when the incident involves serious injury or death.
A high blood alcohol content, typically above 0.15% can also lead to a “persistent drunk driver” designation, which carries enhanced penalties. Refusing a chemical test under Colorado’s Express Consent law or driving under the influence with a child in the vehicle are additional factors that often increase the severity of the charge.
These aggravating circumstances heighten penalties, can reduce eligibility for probation, and can limit access to alternatives like work release or in-home detention.
A Class 4 felony DUI carries:
If serious injury or death occurred, felony DUI jail time can increase significantly. Repeat felony DUIs frequently result in long-term alcohol monitoring, lifetime ignition interlock requirements, extended license suspensions, and other punitive measures.
The court must also impose mandatory jail time, even if you were granted probation, unless the judge finds exceptional mitigating circumstances.
Colorado’s focus on repeat offenders means that once the State classifies someone as a habitual impaired driver, sentencing becomes far less flexible, and incarceration is much more likely.
At Merson Law Office, LLC, we’ve spent over two decades defending DUI cases across Colorado from first-time offenses to complex felony trials. Founding Attorney James Merson has earned a reputation for identifying the procedural flaws and testing errors that others miss.
Our approach is grounded in preparation, precision, and understanding the human story behind every case. In negotiation and trial settings, we focus on minimizing the impact, safeguarding driving privileges, and aiding clients in rebuilding their lives.
Is a DUI a felony in Colorado? If you are asking yourself this question, it’s time to get answers and a strategy. The decisions you make now can define what happens next.
Contact us online or call (970) 219-2923 today to schedule your free consultation.
We’re based in Longmont, but our firm proudly serves clients throughout the state, including Boulder, Fort Collins, Adams County, and Weld County.
Four or more lifetime DUI, DWAI, or DUI per se convictions can result in a Class 4 felony, even if the earlier cases occurred in other states.
Yes, but only under certain conditions. If it’s your fourth DUI conviction, it’s automatically treated as a felony, even if no crash or injury occurred.
In rare cases, a defense attorney may negotiate a reduction if the evidence is weak or if mitigating factors, such as rehabilitation or treatment completion, are compelling.
Yes. Felony DUI convictions lead to long-term license revocations, often requiring ignition interlock installation and alcohol monitoring for reinstatement.
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