Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Colorado has three statutes that make driving under the influence of alcohol or drugs a felony crime. These three felony DUI offenses are:
First-, second-, and third DUI convictions are prosecuted as misdemeanors as long as there are no injuries.
A fourth or subsequent DUI is a felony in Colorado, even if no one gets injured.
It does not matter if the three prior convictions occurred a long time ago or if they happened outside of Colorado. Nor does it matter if the prior cases were DWAI convictions or DUI per se convictions.
A fourth DUI is classified as a class 4 felony. The penalty for this felony DUI conviction includes:
Though if the judge grants you probation, the sentence would include:
Three common defenses that DUI attorneys use to fight charges include arguing that:
DUI with serious injury (“DUI vehicular assault”) is when an alcohol-related car crash causes:
Drunk driving causing serious injury is always treated as a class 4 felony DUI charge. It does not matter if it is your first offense. The penalty is:
It may be possible for a defense lawyer to get CRS 18-3-205 charges reduced to a traffic misdemeanor DUI by showing that the victim’s injuries do not meet the legal definition of “serious.”2
Causing a drunk driving accident resulting in a death or serious injury is a felony in Colorado
DUI causing death (“DUI vehicular homicide”) occurs when a drunk driver (or a drugged driver) causes an fatal car crash. It makes no difference if you never had prior DUI arrests.
DUI with death is a class 3 felony offense. The punishment is:
A potential DUI defense to CRS 18-3-106 charges is that your driving did not cause the crash, and that an intervening factor was at fault. Examples are that the victims’ motor vehicle was defective, or there was an “act of nature” like a falling tree branch that triggered the accident.3
Arrested for being a DUI offender in Denver or elsewhere in Colorado? Call our criminal defense attorneys for legal advice. Our law firm fights to get your DUI case reduced or dismissed while avoiding a driver’s license suspension.
Learn more about Colorado’s felony DUI laws. Also see our related articles on ignition interlock devices and work release/alternative sentencing programs.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.