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.
24/7 Help:
(303) 222-0330
Before you call us:
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
- civil matters
- CCWs or gun right restoration
- labor
- family law
- immigration
- landlord/tenant
- harassment
- restraining orders
And we do not handle any cases outside of California.
Call Us NowDoes Colorado have a felony DUI statute?
Posted on
Colorado has three statutes that make driving under the influence of alcohol or drugs a felony crime. These three felony DUI offenses are:
- CRS 42-4-1301 – Fourth-time DUI
- CRS 18-3-205 – DUI causing serious injury
- CRS 18-3-106 – DUI causing death
First-, second-, and third DUI convictions are prosecuted as misdemeanors as long as there are no injuries.
1. CRS 42-4-1301 – DUI-fourth
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:
- Fines of $2,000 to $500,000; and/or
- A Colorado State Prison sentence of 2 to 6 years
Though if the judge grants you probation, the sentence would include:
- 90 to 180 days of jail time or 120 days to 2 years in jail through an alternative-sentencing program;
- 48 to 120 hours of community service (“public service”); and
- Level II alcohol and drug education class or treatment program (“DUI School“)
Three common defenses that DUI attorneys use to fight charges include arguing that:
- the breath test or blood test results were inaccurate due to defective equipment or human error;
- the police lacked probable cause to make an arrest, or they administered the field sobriety tests incorrectly; or
- you had a medical condition (such as GERD) that caused falsely-high blood alcohol content (BAC) results.1
2. CRS 18-3-205 – DUI causing serious injury
DUI with serious injury (“DUI vehicular assault”) is when an alcohol-related car crash causes:
- Broken bones;
- Permanent disfigurement;
- Second- or third-degree burns; or
- Prolonged loss of normal bodily- or organ function
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:
- Fines of $2,000 to $500,000; and/or
- A prison sentence of 2 to 6 years
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
3. CRS 18-3-106 – DUI causing death
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:
- Fines of $3,000 to $750,000; and/or
- A prison sentence of 4 to 12 years.
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.
Legal References
- CRS 42-4-1301 (“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.“). See also the new law Colorado Legislature House Bill 15-1043. People v. Tafoya (2019) . People v. Viburg (Colorado Court of Appeals, 2020) .
- CRS 18-2-205 (“Vehicular assault, in violation of subsection (1)(b)(I) of this section, is a class 4 felony.“)
- CRS 18-3-106 (“Vehicular homicide, in violation of subsection (1)(b)(I) of this section, is a class 3 felony.“)
About the Author
Michael Becker
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.