Is a 3rd DUI a felony in Colorado? A defense lawyer explains

A 3rd DUI in Colorado is a misdemeanor rather than a felony so long as you do not cause an accident resulting in serious bodily injury or death. But a 4th-time DUI can be charged as a felony.

The standard DUI penalties for a 3rd-offense are:

• 60 days to 1 year of county jail time,
• $600 to $1,500 in fines plus court costs,
• a 2-year driver’s license revocation, and
• 48 to 120 hours of public service.

The two prior convictions can be from any state, not just Colorado. Moreover, it does not matter how long ago the two prior cases occurred.

Under Colorado DUI laws, repeat DUI convicts are classified as persistent drunk drivers. PDDs must

• take alcohol education and treatment,
• drive with an ignition interlock device (IID) for 2 years, and
• carry SR22 insurance for 3 years.¹

Is a 3rd DUI ever a felony?

Any DUI causing serious bodily injury or death is prosecuted as a felony in Colorado.

DUI causing serious bodily injury – called vehicular assault DUI (CRS 18-3-205) – is a class 4 felony. Penalties for vehicular assault include:

• 2 to 6 years in prison and
• a fine of $2,000 to $500,000.²

DUI causing death – called vehicular homicide DUI (CRS 18-3-106) – is a class 3 felony. Penalties for DUI causing death include:

• 4 to 12 years in prison and
• a fine of $3,000 to $750,000.³

See our related articles on felony DUIs in Colorado and fourth DUIs in Colorado. 

What DUI school is required for a 3rd DUI?

The length of a 3rd-time DUI education and treatment program in Colorado turns on:

• your blood content (BAC) and
• whether you refused a chemical test following the arrest.

Blood Alcohol Content (BAC) Level	Level II Alcohol Education and Treatment Level and Track	Minimum Alcohol and Drug Education	Minimum Treatment
BAC < 0.15	Level II Track C	24 hours / 12 weeks	68 hours / 34 weeks
BAC ≥ 0.15	Level II Track D	24 hours / 12 weeks	86 hours / 43 weeks
Chemical Test Refusal	Level II Track D	24 hours / 12 weeks	86 hours / 43 weeks4

What is a third DWAI in Colorado?

Like a third DUI conviction, a third-time DWAI is also a misdemeanor in Colorado. Criminal penalties include:

• 60 days minimum sentence to one year in jail (though it may be possible to do work release);
• A fine of $600 to $1,500;
• 48 to 120 hours of community service;
• 2-year license suspension of driving privileges; and
• 8 DMV points.

DWAI stands for “driving while ability impaired.” DWAI charges typically apply if your BAC is more than .05% to less than .08%.

In contrast, DUI charges typically apply if your BAC is .08% or higher.⁵

How can I fight the charges?

Ten potential defenses that DUI attorneys use to fight DUI-third charges include the following:

1. You did not have two prior DUI convictions.
2. The police lacked reasonable suspicion to make the initial traffic stop of the motor vehicle.
3. The police did not administer the field sobriety tests correctly.
4. You had a medical episode (such as a diabetic coma) that mimicked being under the influence.
5. You had a medical condition (such as acid reflux) that caused inaccurate breath test results.
6. The police lacked probable cause to make a DUI arrest.
7. The police failed to observe you for 15 minutes prior to administering the evidentiary breathalyzer test.
8. The breathalyzer was defective.
9. The blood test samples were contaminated.
10. The police failed to inform you of your rights.

If the criminal defense law firm can raise a reasonable doubt as to your guilt, the D.A. may be willing to drop the Colorado DUI case or reduce it to a lesser offense. Typical evidence that criminal defense attorneys rely on include

• eyewitness testimony,
• surveillance video,
• dashcam video, and
• the police report itself.

For additional help…

Arrested for drunk driving in Colorado? Call our DUI defense lawyers for legal advice. Our DUI lawyers serve clients in Denver, Colorado Springs, and throughout the state.

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Legal References