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.
24/7 Help:
(303) 222-0330
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
Colorado DUIs are prosecuted as class 4 felonies in the following two situations:
Driving under the influence of alcohol or drugs is typically a misdemeanor in Colorado. But 42-4-1301 C.R.S. makes a fourth-time offense a class 4 felony.
Class 4 felony sentences include:
(The sentencing range can be increased to 4 to 12 years if there are extraordinary aggravating circumstances. This usually happens when defendant was on parole, on probation, or on bond for another felony.)
However, the judge might not impose prison if:
If the court grants probation, the punishment must include:
Any DUI-related conviction in Colorado or another U.S. state or territory qualifies as a “prior.” This includes:
It is irrelevant whether the prior convictions were all the same DUI offense or a combination. It does not matter how long ago these convictions occurred. And it makes no difference if no one was injured.
Note that juvenile DUI convictions typically are not considered priors. An exception is if there is a pending deferred judgment.
Also note that past DUI charges that get dismissed or reduced do not count as “priors.”
DUIs that result in a serious injury is a class 4 felony under 18-3-205 C.R.S. This is called “vehicular assault.” It does not matter if the defendant never committed DUI before.
Class 4 felony sentences include:
However, the judge might not impose prison if:
A “serious bodily injury” comprises the following:
Note that DUI causing death is prosecuted as a class 3 felony. This is called “vehicular homicide.” This carries:
Just some possible defenses to DUI charges include:
Defense attorneys may consider hiring an accident reconstruction expert. In vehicular assault cases, perhaps the expert can demonstrate that the injury was not caused by the defendant’s actions.
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.