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    “Felony DUI” in Colorado – The 3 Ways It Can Happen

    3 Ways to Get a Felony DUI in Colorado -- Explained by Top DUI Defense Attorney

    In Colorado, driving under the influence of alcohol or drugs is a felony if either:

    • you have three prior DUI-related convictions, or
    • the incident caused serious injuries or death.

    In addition to a long driver’s license suspension, felony DUI penalties in Colorado include two to six years in prison (plus up to three years of parole) and $2,000 to $500,000 in fines. Though if a victim died, the punishment is four to 12 years in prison (plus five years of parole) and $3,000 to $750,000 in fines.

    Graphic that shows the ways DUI can be a felony in Colorado, including you have 3 prior DUIs or the incident caused a serious injury or a death.

    In this article, our Denver DUI defense attorneys will address the following key issues regarding Colorado felony DUI laws:


    1. Types of Felony DUI

    DUI (and DWAI) are generally prosecuted as misdemeanors in Colorado. However, as discussed below, there are three scenarios where DUI is treated as a felony:

    1. You already have three or more prior DUI convictions, or
    2. You cause an accident in which another person is seriously injured, or
    3. You cause a fatal accident.

    1) Fourth DUI Conviction

    In Colorado, a fourth DUI is a felony if you have at least three prior convictions of drunk or drugged driving that occurred in separate and distinct criminal episodes. The prior convictions can be any combination of the following offenses:

    • DUI – driving under the influence of alcohol or drugs;
    • DUI per se – having a blood alcohol content (BAC) of at least .08% within two hours of driving, even if you are sober;
    • DWAI – “driving while ability impaired,” which typically involves driving with a BAC higher than .05% but less than .08%.
    • DUI with injury – drunk/drugged driving causing serious injuries; or
    • DUI with death – drunk/drugged driving causing a death.1

    It makes no difference how long ago these prior convictions occurred. There is no “washout” or “lookback” period.

    It also does not matter whether the prior convictions happened in Colorado or elsewhere in the U.S. under different names like DWI or OUI.

    Juvenile DUI offenses usually do not count as prior convictions. Deferred sentences or judgments also should not count as prior convictions unless they are still pending.1

    2) DUI Causing Injury

    Drunk or drugged driving in Colorado is a felony if it causes someone else to sustain serious bodily injuries. The formal name for DUI causing injury is vehicular assault.

    “Serious bodily injuries” are more than simple cuts or minor contusions. They typically include:

    • Limb loss,
    • Paralysis,
    • 2nd or 3rd degree burns,
    • Disfigurement, and/or
    • Head or spinal cord injuries.

    Note that DUI causing injury is charged as a felony even if you have no prior DUI convictions.2

    3) DUI Causing Death

    In Colorado, driving a motor vehicle while under the influence is a felony if it causes someone to die in an accident. DUI causing death is formally referred to as vehicular homicide.

    As with vehicular assault, vehicular homicide is always a felony, even if you have no prior convictions. Note that a vehicular assault charge can be upgraded to vehicular homicide if the victim dies while the criminal case is pending.3

    Closeup of a tumbler of whiskey, handcuffs, and car keys on a wooden table

    Colorado has a DUI “Four Strikes” Law. A fourth DUI or DWAI is an automatic felony.

    2. Penalties

    The type of felony DUI you were convicted of in Colorado determines the criminal sentence, as discussed below.

    1) Fourth DUI Conviction

    A fourth or successive DUI conviction is a class 4 felony in Colorado and automatically labels you as a persistent drunk driver (PDD). In many cases, though, we can persuade the judge to grant you probation with the following terms:

    • 90 to 180 days in county jail (or 120 days to 2 years in county jail through an alternative sentencing program);
    • 90 days of continuous alcohol monitoring;
    • 48 to 120 hours of community service;
    • Level II alcohol and drug education class;
    • 2-year driver’s license suspension; and
    • An ignition interlock device in your cars during probation.

    If the judge does not grant you probation, the penalty for a fourth DUI is:

    • A “presumptive” Colorado State Prison sentence of 2 to 6 years with a mandatory 3-year parole period;
    • $2,000 to $500,000 in fines;
    • 2-year driver’s license suspension; and
    • An ignition interlock device in your cars during parole.

    Note that the judge can impose four to 12 years in prison if there are extraordinary “aggravating circumstances.” This typically occurs when you pick up a DUI while either on parole, on probation, or on bond after revocation of probation for a different felony. The minimum penalty is four years in prison because it is the “midpoint” of the typical two-to-six year sentencing range for a fourth DUI.

    The judge also can impose a prison sentence as low as one year if there are “mitigating circumstances.”2 Examples may be that you were drugged without your knowledge, or you were driving only because there was an emergency.

    Note that the judge may impose prison only if it determines it is the most suitable option. Factors the court will consider include:

    1. Your willingness to participate in an alcohol and/or drug treatment program, and
    2. Whether there are other penalties that may be successful and do not pose an unacceptable risk to public safety, such as community correction treatment programs.4

    2) DUI Causing Injury

    DUI causing serious injury (“vehicular assault“) is a class 4 felony in Colorado. The punishment includes:

    • 2 to 6 years in Colorado State Prison plus 3 years of mandatory parole,
    • $2,000 to $500,000 in fines, and
    • 1-year driver’s license suspension (at least).5

    3) DUI Causing Death

    DUI causing death (“vehicular homicide”) is a class 3 felony in Colorado. The sentence is:

    • 4 to 12 years in Colorado State Prison plus 5 years of mandatory parole,
    • $3,000 to $750,000 in fines, and
    • 1-year driver’s license suspension (at least).6

    According to the Colorado Department of Transportation, one in three fatal crashes involves a drunk or high driver. In 2023, impaired driving led to 218 lives lost.7

    Additional Felony DUI Consequences

    In Colorado, a felony DUI conviction not only carries incarceration and hefty fines as described above. Ten other consequences are the following:

    1. You may be ordered to pay restitution to any victims for medical bills and property damage; the victims can also bring a civil lawsuit against you.
    2. You will lose your gun rights.
    3. Your insurance premiums will likely skyrocket.
    4. You will likely be ordered to maintain SR22 insurance (“proof of financial responsibility”) for three years as a condition of reinstating your driver’s license.
    5. You will likely lose your job while in prison or jail and have trouble regaining employment afterwards.
    6. You lose your right to vote while incarcerated.
    7. You have a criminal record forever because DUI convictions can never be sealed.
    8. You may have trouble qualifying for housing, educational opportunities, loans, or professional licenses.
    9. You may suffer reputational damage and likely lose friendships.
    10. You may face challenges traveling to other countries, such as Canada.

    Therefore, getting convicted of felony drunk/drugged driving casts a long shadow that far outlasts your criminal case.

    Dazed looking driver being questioned by police following an accident he caused with the victim lying on the ground in the background with an officer examining her

    For a fourth DUI, judges may grant you probation and county jail in lieu of state prison.

    3. Plea Bargains

    Ultimately, in Colorado felony DUI cases, our goal is to raise a “reasonable doubt” as to your guilt. To do this, we review your case file and conduct our own investigation to identify any “weak links” in the state’s evidence, such as police misconduct.

    Ideally, we will get prosecutors to recognize that their evidence is insufficient to sustain a conviction. The district attorney may then be willing to dismiss your charge or reduce it to reckless driving or careless driving as part of a plea bargain.

    In some cases, we can start negotiating with prosecutors right after the arrest and persuade them to omit your prior DUI convictions from the formal charging document (called an “information” or “complaint”). This way, you are charged with only a misdemeanor rather than a felony.

    In our experience, many prosecutors bring felony DUI charges knowing that their case may be too weak to sustain a conviction. They are just using the felony charge as leverage to achieve any conviction, even if just for a misdemeanor.

    In any case, prosecutors are much more likely to offer a favorable resolution if you have private counsel. So it is important you retain a skilled Colorado DUI defense attorney to maximize your chances of getting your felony DUI charge lessened or dropped.

    Attorney patting his client on the back after a victory in the courtroom, and the judge is in the foreground, and two people in the back are applaluding

    DUIs are prosecuted in the Colorado county where the incident allegedly occurred.

    4. Defenses

    Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with felony DUI. In our experience, these five defenses have proven very effective with prosecutors, judges, and juries:

    1. The police had no reasonable suspicion to pull you over for a traffic stop in the first place;
    2. The police had no probable cause to arrest you for DUI or DWAI;
    3. The police did not administer the field sobriety tests correctly;
    4. The breath test equipment or blood test equipment was defective or handled improperly; and/or
    5. You had a medical condition such as GERD that caused high BAC results.

    In four-strikes cases, we can show that you do not have three prior DUI-related convictions. For example, these prior cases may have been dismissed or reduced to non-DUI charges. Or perhaps they do not meet Colorado’s definition of driving under the influence of alcohol or drugs or while impaired.8

    As for vehicular assault or homicide cases, we can try to argue that your driving did not cause the injury or death. Perhaps there is surveillance video or eyewitnesses who plainly show your innocence. We can even hire accident reconstruction experts to testify that any injury was unrelated to your driving.

    Driver holding steering wheel in one hand and a bottle of beer in the other

    Typical evidence in DUI cases include police reports, sobriety test results, surveillance video, and witness statements.

    5. Court Process

    As discussed below, every DUI arrest triggers two separate cases:

    1. The criminal case, and
    2. The DMV administrative case.

    Note that even if you win the DMV case, your driver’s license will still get suspended if you lose the criminal case, and vice versa. The only way to avoid a license suspension is to win both cases.

    1) The Criminal Case

    Following your arrest for a felony DUI in Colorado, the county court judge will likely set bail at several thousand dollars. You can bail out by posting the entire amount yourself or hiring a bail bondsman.

    The first key appearance in your case is the arraignment, where you are formally charged. The judge will then schedule a preliminary hearing, which is where prosecutors must show the court they have probable cause to continue prosecuting you.

    If you lose the prelim, your case can then go to trial in district court where the D.A. has the burden to prove your guilt beyond a reasonable doubt. All jurors (usually 12) would have to unanimously find you guilty for you to be convicted.

    If you are found guilty at the trial, then the judge will impose a sentence within statutory limits (discussed above in section 2). If you are found not guilty, you will be released, and your record should be sealed.

    In practice, the majority of cases settle with a plea bargain, often before the prelim.)

    2) The DMV Administrative Case

    After every DUI arrest in Colorado, you are required to submit to a breath or blood test. Failing results will cause the DMV to suspend your license, but you may contest this suspension at a DMV hearing.

    If you agree to take the breath test and return a BAC result of .08% or higher – or if you refuse to take a test at all – the police will confiscate your license and give you a temporary one good for seven days.

    If you agree to take the blood test, you get to keep your license until the blood results come back as positive for DUI. You will then receive a letter by mail with a temporary license valid for seven days.

    Whenever you receive that seven-day temporary license, we must request a DMV hearing within those seven days. Once we do, you can continue driving pending the results of the hearing. Otherwise, your license will be suspended on the eighth day.

    Most defendants lose DMV hearings since the state has a much lower burden of proof than in criminal trials. Still, they are worth doing because they serve as a good “dry run” for the criminal case.

    Flowchart of Colorado DMV cases from arrest to sentencing

    6. Persistent Drunk Drivers

    The Colorado DMV classifies you as a persistent drunk driver (PDD) if you either:

    Therefore, anyone convicted of a fourth DUI is an automatic persistent drunk driver. Many people convicted of DUI causing injury or death are also PDDs if their BAC is at least .15%.

    Once you are a PDD, your driver’s license remains revoked until you:

    1. finish Level II alcohol education and treatment,
    2. install an ignition interlock device in your vehicles, and
    3. provide proof of financial responsibility (called SR-22 insurance).9

    7. Habitual Traffic Offenders

    In Colorado, getting convicted of three or more serious traffic offenses within seven years can get you classified as a habitual traffic offender (HTO). DUI is a serious traffic offense.

    If you are an HTO, your driver’s license suspension will last for five years.10

    Recent Updates in Felony DUI Law

    Verification of Out-of-State Priors (People v. Herold, 2024)

    In 2024, the Colorado Court of Appeals overturned a felony DUI conviction in People v. Herold because the prosecution failed to prove the defendant was actually the person named in the prior out-of-state records. The court ruled that simply matching a name and date of birth is not enough to prove a prior conviction beyond a reasonable doubt. Instead, the prosecution must provide “specific corroborating evidence” of identity, such as:

    • Fingerprints or mugshots from the original case file;
    • A Social Security number or Driver’s License number; or
    • Detailed physical descriptions that match the defendant today.

    We use this ruling to challenge the validity of “stale” or poorly documented out-of-state priors. If the prosecution cannot prove an “essential link” to your identity, we can potentially knock a felony charge back down to a misdemeanor.11

    Prior Convictions as “Intrinsic Elements” (People v. Thomas, 2025)

    A 2025 decision, People v. Thomas, held that because prior convictions are an actual “element” of the felony DUI statute, they are intrinsic to the crime. This allows courts to bypass standard rules against “propensity evidence” (evidence used to suggest a defendant has a “bad character”).

    This followed the 2023 Colorado Supreme Court case People v. Kembel, which held that because priors are a “substantive element,” they should generally be proven during a “Unitary Trial.” This means the jury often hears about your past DUIs at the same time they decide if you were drunk during the current stop—a practice we argue is “unfairly prejudicial” and makes a fair trial nearly impossible.

    In our opinion, only a trial that is split (“bifurcated”) so that the jury hears about the past and current DUI charges separately can be fair. Fortunately, as discussed below, a new law may be able to help prevent this prejudice.12

    The Battle Over “Bifurcation” (SB25-189)

    While the Kembel and Thomas rulings favored the prosecution’s “all-at-once” trial model, a new law signed on June 2, 2025, provides criminal defense attorneys with a powerful counter-argument.

    Senate Bill 25-189 – called “The Jury Determination of Prior Felony Convictions Act” – favors defendants by requiring that a jury—not a judge—find prior convictions beyond a reasonable doubt. The law also requires that this occurs in a separate proceeding from the trial for the current offense.

    Since SB25-189 specifically amends the “habitual criminal” statutes, judges are still debating its application to DUIs. Still, we cite this law in our “motions to bifurcate” to show the judge that the Colorado Legislature has clearly signaled that fairness and the prevention of jury prejudice must outweigh trial efficiency. By pushing for a “Phase 2” hearing, we fight for the jury staying focused on the facts of your current case—not your history.13

    Friend preventing another friend from taking his car keys after drinking alcohol

    DUI charges are unsealable from your criminal record in Colorado.

    Frequently Asked Questions

    What makes a DUI a felony in Colorado?

    A DUI becomes a felony in Colorado in three situations: 1) If you have three or more prior DUI-related convictions, 2) If you cause an accident resulting in serious injuries to another person, or 3) If you cause a fatal accident.

    What are the penalties for a felony DUI in Colorado?

    Penalties include 2 to 6 years in prison, plus 3 years parole, and $2,000 to $500,000 in fines for a fourth DUI or DUI causing injury. For DUI causing death, penalties increase to 4 to 12 years in prison, 5 years parole, and $3,000 to $750,000 in fines.

    Can I get a felony DUI conviction sealed from my record?

    No, DUI convictions can never be sealed from your criminal record in Colorado. This goes for misdemeanor DUIs as well.

    How long do prior DUI convictions count toward a felony charge?

    Prior DUI convictions count forever in Colorado – there is no “washout” or “lookback” period. All prior convictions, regardless of when they occurred, count toward the three prior convictions needed for a felony DUI charge.

    Can I get “good time” credit to shorten my mandatory jail sentence for a felony DUI?

    No. Under Colorado HB 17-1288, you are strictly ineligible for “good-time” deductions or “trusty prisoner” status during the mandatory minimum portion of your sentence (the first 90 days of straight jail or 120 days of work release). This means you must serve every single day of that minimum period without the possibility of early release for good behavior.

    What is the mandatory minimum for a fourth DUI?

    The length of your mandatory sentence in Colorado depends on how you serve it. If you are sentenced to “straight” county jail, the mandatory minimum is 90 days. However, if the court allows you to participate in an alternative sentencing program (such as work release or education release), the mandatory minimum increases to 120 days. Essentially, you “trade” 30 extra days of incarceration for the ability to keep your job or stay in school.

    Can the judge waive my community service if I complete alcohol treatment?

    No. HB 17-1288 mandates that any person sentenced to probation for a felony DUI must complete between 48 and 120 hours of useful public service. The law states that this service “may not be suspended.” Even if you are a model probationer, Colorado judges do not have the authority to waive this requirement.

    Who pays for the mandatory alcohol treatment and monitoring?

    You do. Colorado law (HB 17-1288) requires all felony DUI probationers to complete Level II alcohol and drug driving safety education or treatment at their own expense. This includes the cost of the initial evaluation, the classes themselves, and any required continuous alcohol monitoring (SCRAM) or ignition interlock devices.

    What are the requirements for work release instead of jail?

    Under HB 17-1288, work release is not a right; it is a privilege that the Colorado court may grant only if such a program is available in your county. To qualify, you must be using the time for specific authorized purposes, such as continuing a position of employment you held at the time of sentencing or attending an educational institution where you were already enrolled.

    Additional Reading

    To learn more about Colorado DUI laws, see these related articles:

    Legal References

    1. C.R.S. 42-4-1301 – Driving under the influence – driving while impaired – driving with excessive alcoholic content – definitions – penalties:

      (1)(a) A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof.
      (b) A person who drives a motor vehicle or vehicle while impaired by alcohol or by one or more drugs, or by a combination of alcohol and one or more drugs, commits driving while ability impaired. Driving while ability impaired is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof. …
      (j) For the purposes of this section, a person is deemed to have a prior conviction for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b), C.R.S.; or vehicular assault, as described in section 18-3-205 (1)(b), C.R.S., if the person has been convicted under the laws of this state or under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of an act that, if committed within this state, would constitute any of these offenses. The prosecution shall set forth such prior convictions in the indictment or information.

    2. C.R.S. 18-3-205. A minor bruise, a jammed finger, or a twisted ankle probably would not qualify as a “serious bodily injury.” C.R.S. 18-1-901(2)(p):

      “Serious bodily injury” means bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree.

    3. C.R.S. 18-3-106.
    4. Colorado Legislature House Bill 15-1043. Colorado House Bill 17-1288. C.R.S. 42-2-125. C.R.S. 42-4-1307(2)(b):

      “Conviction” means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court for an offense or adjudication for an offense that would constitute a criminal offense if committed by an adult. “Conviction” also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.

      C.R.S. 18-1.3-401(6)

      In imposing a sentence to incarceration, the court shall impose a definite sentence which is within the presumptive ranges set forth in subsection (1) of this section unless it concludes that extraordinary mitigating or aggravating circumstances are present, are based on evidence in the record of the sentencing hearing and the presentence report, and support a different sentence which better serves the purposes of this code with respect to sentencing, as set forth in section 18-1-102.5. If the court finds such extraordinary mitigating or aggravating circumstances, it may impose a sentence which is lesser or greater than the presumptive range; except that in no case shall the term of sentence be greater than twice the maximum nor less than one-half the minimum term authorized in the presumptive range for the punishment of the offense.

      See also C.R.S. 18-1.3-401(8). C.R.S. 42-2-132.5. SB22-055. C.R.S. 17-2-201(5.9)

      As a condition of parole of each person convicted of a felony DUI offense described in section 42-4-1301 (1)(a), (1)(b), or (2)(a), C.R.S., the board shall require the parolee to use an approved ignition interlock device for the entire period of the person’s parole.

    5. Under Colorado law, “vehicular assault” can also refer to situations where reckless driving causes an injury. Vehicular assault penalties are laxer if the incident involved no alcohol or drugs. C.R.S. 42-2-125. C.R.S. 18-3-205(1)(b)(I):

      If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime.

    6. Under Colorado law, “vehicular homicide” can also refer to situations where the reckless driving causes a fatality. Vehicular homicide penalties are laxer if the incident involved no alcohol or drugs. C.R.S. 42-2-125. C.R.S. 18-3-106(1)(b)(I):

      If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. This is a strict liability crime.

    7. Impaired Driving, Colorado Department of Transportation.
    8. See, for example, People v. Herold (Col.App. 2024) 554 P.3d 512; People v. Burdette (Col.App. 2024) 552 P.3d 1108.
    9. C.R.S. 42-1-102.
    10. C.R.S. 42-2-202.
    11. People v. Herold (Colo.App. 2024) 554 P.3d 512.
    12. People v. Thomas (Colo.App. 2025) No. 22CA0901. See also People v. Schlehuber (Colo.App. 2025) No. 23CA1576 (prior convictions are “intrinsic elements” of a felony DUI/DWAI charge). See also People v. Kembel (Colo. 2023) No. 22SA172.
    13. SB25-189.

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