4th DUI in Colorado – What to Do and What to Expect

Whereas a 1st, 2nd, or 3rd-time DUI in Colorado is only a misdemeanor, a 4th offense becomes a Class 4 felony. A conviction can lead to as long as six years in prison.

Specifically, the consequences of a 4th DUI conviction include:

1. two to six years in prison or probation with a minimum of 90 days in jail,
2. $2,000 to $500,000 in fines,
3. a 2-year driver’s license suspension,
4. installation of an ignition interlock device, and
5. 90 days of continuous alcohol monitoring if you are granted probation.

All of your previous DUI convictions count as prior offenses, even if they occurred out of state.

The statute CRS 42-4-1301 states that “Driving under the influence [or with ability impaired] … 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 (18-3-106 C.R.S);  vehicular assault (18-3-205 C.R.S);  or any combination thereof.”

In addition to incarceration, you face a two-year license suspension. Though the Colorado DMV may reinstate licenses immediately: You would just need to drive with an ignition interlock device (IID). This is a breathalyzer that prevents a car from starting if it detects alcohol.

It may be possible to get DUI-fourth charges reduced or dismissed. Typical defenses include:

1. The breath– or blood tests were compromised;
2. The police committed misconduct; or
3. You had a condition that caused inaccurately high blood alcohol content (BAC) results

In this article, our Denver Colorado criminal defense lawyers will address:

• 1. What are the penalties for a fourth DUI in Colorado?
• 2. Is a fourth DUI a Class 4 felony?
• 3. What counts as prior DUIs?
• 4. Will my license get suspended?
• 5. Can I fight the suspension?
• 6. What are common defenses?
• 7. Can the record be sealed?

Also see our article on Colorado DUIs for out-of-state drivers.

1. What are the penalties for a fourth DUI in Colorado?

As a class 4 felony, a DUI-4th carries:

• 2 to 6 years in Colorado State Prison (with 3 years parole); and/or
• $2,000 to $500,000 in fines

However, the sentencing range becomes 4 to 12 years if there are “extraordinary aggravating circumstances.” Examples are if you at the time of the fourth DUI were on parole, probation, or bond for another felony.

When deciding whether to impose prison time, the court will consider:

• Your willingness to participate in drug or alcohol abuse rehabilitation; and
• Whether alternative penalties may be successful and would not pose an unacceptable public safety risk

If the judge grants probation, you must complete:

• 90 to 180 days in jail or 120 days to 2 years in jail through an alternative-sentencing program;
• 90 days of continuous alcohol monitoring;
• 48 to 120 hours of community service; and
• A Level II Alcohol and Drug Education and Treatment Program¹

2. Is a fourth DUI a Class 4 felony?

Yes. If you have three prior DUI-related convictions, the next drunk/drugged driving incident will be prosecuted as a felony DUI in Colorado.²

3. What counts as prior DUIs?

Any drunk or drugged driving conviction from your past counts as a prior. It is irrelevant how long ago they occurred. There is no washout period.

Any of the following five crimes counts as a prior:

1. DUI,
2. DUI per se,
3. DWAI,
4. vehicular assault, or
5. vehicular homicide

It also makes no difference if the prior DUIs occurred in Colorado or other states. If they did occur in other states, they still count as priors even if they had other names such as DWI or OUI.

However, juvenile DUI offenses typically do not qualify as prior convictions. The only exception is if there is still a pending deferred judgment.³

4. Will my license get suspended?

A fourth-time DUI conviction carries a two-year license suspension. Though, if you are 21 or older, you may resume driving if you:

• Submit a license reinstatement application and pay the reinstatement fee ($95) plus another $25 fee;
• Drive with an IID;
• Secure SR-22 insurance (which will last for three years); and
• Take a Level II Alcohol and Drug Education and Treatment Program

If you are under 21, you would need to wait a year before requesting a license reinstatement.⁴

5. Can I fight the license suspension?

Yes. You can request a DMV hearing. These are like mini-trials. Though the sole issue is whether you can keep your license.

DMV hearings are separate from the DUI criminal case. Your criminal defense attorney can also appear at the DMV hearing. These hearings serve as valuable dry runs for the criminal case.

6. What are common defenses?

How best to combat DUI charges turns on the specific facts and available evidence. Ten possible ways to fight drunk/drugged driving allegations are:

1. The police had no probable cause to suspect DUI;
2. The police did not administer the field sobriety tests correctly;
3. The breath- and blood-testing equipment were not in working order;
4. The breath- and blood samples were contaminated;
5. The people operating the breath- and blood-testing equipment let their certifications lapse;
6. You had a medical condition – such as GERD – that caused high BAC results;
7. You had dental work – such as a bridge – that caused high BAC results;
8. The police committed misconduct, such as coercing a confession;
9. You did not begin drinking until after you stopped driving;
10. Your BAC was legal while you were driving. Though it increased when the chemical test was administered later on. This is called rising blood alcohol.

A partial defense to DUI-4th charges is that you did not have three prior DUIs. Perhaps a past DUI charge got reduced to a lesser charge like reckless driving (CRS 42-4-1401), preventing it from counting as a prior. Or perhaps court records are too ambiguous to prove that you have three priors.

If you can cast doubt on just one prior DUI, then the charge could be reduced to a DUI-third. This is only a misdemeanor.

7. Can the record be sealed?

DUI-4th convictions can never be sealed in Colorado. They remain on your records forever and show up on background checks. That is why it is so important to fight to get the charges reduced or dismissed.

Call us for help…

Facing a DUI charge in Colorado? Call our Denver criminal defense attorneys. We may be able to get the charges lessened or dropped without a trial.

Learn more about Colorado DUI laws. Also see our article, Does Colorado have a felony DUI statute?

In California? Learn about DUI-fourths in California.

In Nevada? Learn about DUI-fourths in Nevada.

---

Legal References