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.
DUI » What is the statute for felony DUI in Colorado?
There are three statutes for felony DUI in Colorado depending on the case:
DUI defendants are prosecuted for a DUI-fourth if they have at least three prior DUI-related convictions. It makes no difference how long ago the prior DUIs occurred. Nor does it matter if the cases were in Colorado or another U.S. state or territory.
42-4-1301 C.R.S. makes a DUI-fourth a class 4 felony. The penalty includes:
(If there are extraordinary aggravating circumstances, the sentence is instead 4 to 12 years. Examples of extraordinary aggravating circumstances are the defendant being on parole, probation, or bond for another felony at the time of the DUI.)
If the defendant gets probation, the punishment must include the following:
Also called vehicular assault, a “DUI with serious injury” results in either:
(“Vehicular assault” also refers to reckless driving-related accidents that cause a serious injury.)
18-3-205 C.R.S. makes DUI with serious injury a class 4 felony. It does not matter if the driver has no prior convictions or was injured him/herself. The sentence is:
The judge can order prison only if it reasons that prison is the most suitable choice. The court will consider whether:
A vehicular assault charge can be increased to vehicular homicide if the victim dies while the criminal case is ongoing.
Also called vehicular homicide, “DUI causing death” is when drunk or drugged driving causes a fatal accident.
(“Vehicular homicide” also refers to reckless driving-related accidents that cause a fatality.)
18-3-106 C.R.S. makes DUI causing death a class 3 felony. It is irrelevant if the driver has no prior DUI-related convictions or was seriously injured him/herself. The penalties include:
The facts of a DUI case dictate which defenses could be effective. Five common ones include:
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.
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