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
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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:
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
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:
DUI causing death – called vehicular homicide DUI (CRS 18-3-106) – is a class 3 felony. Penalties for DUI causing death include:
See our related articles on felony DUIs in Colorado and fourth DUIs in Colorado.
The length of a 3rd-time DUI education and treatment program in Colorado turns on:
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 |
Like a third DUI conviction, a third-time DWAI is also a misdemeanor in Colorado. Criminal penalties include:
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
Ten potential defenses that DUI attorneys use to fight DUI-third charges include the following:
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
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.
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.