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Is a DUI a felony?

How Many DUIs is a Felony?

Under Colorado Law, a DUI may be charged as either a misdemeanor or a felony, depending upon the circumstances. Additionally, the lesser charge of DWAI is punishable as a DUI for a repeat offense within five years. There are also enhanced penalties for those who test with a BAC over .20.

A fourth DUI charge is punishable as a felony under Colorado law. Of course, nobody plans to get convicted of four DUI charges. But our Denver drunk driving defense lawyers know once a driver has a conviction on his or her driving record, frequent stops by law enforcement become all too common.

The best way to protect yourself from the consequences of a drunk driving conviction, and from Colorado’s escalating penalties for repeat violators, is to fight a drunk driving charge.

Misdemeanor drunk driving charges in Colorado still carry serious penalties:
First DWAI - Misdemeanor

2 days to 180 days in jail.
Alcohol and drug evaluation and counseling.
Up to 2 years probation
$200-$500 fine.
Up to 48 hours.
No license suspension.
First DUI - Misdemeanor
5 days to 1 year in jail.
Alcohol and drug evaluation and counseling.
Up to 2 years probation
$600-$1,000 fine.
Up to 96 hours public service
9 month license suspension.
2nd DUI/DWAI with 5 years - Misdemeanor
10 days to 1 year in jail.
Possible home detention.
2 to 4 years probation.
$600- $1,500 fines.
Up to 120 hours community service.
1 year license suspension.
3rd DUI/DWAI with 5 years - Misdemeanor
60 days to 1 year in jail.
Possible home detention.
2 to 4 years probation.
$600- $1,500 fines.
Up to 120 hours community service.
2-year license suspension.
Felony DUI in Colorado
4th Offense
Class 4 felony - 2 to 6 years in prison.
Probation orders carry up to two years in jail.
Fines of at least $2,000 and up to $500,000.
Vehicular Assault CRS § 18-3-205
Intoxicated driving that results in serious bodily injury.
Class 4 felony.
2 to 6 years in prison.
$2,000-$500,000 fine.
Beating the DUI charge can result in a charge of reckless driving:
Class 5 felony
1 to 3 years in prison
$1,000 to $100,000 in fines.
Vehicular homicide § 18-3-106 CRS
Causing the death of a person under the influence.
Class 3 felony.
4 to 12 years in prison.
At least $3,000 to $750,000 in fines.
Beating the DUI charge in a vehicular homicide case can result in a charge of reckless driving.
Class 4 felony.
2 to 6 years in prison.
At least $2,000 to $500,000 in fines.

These are serious charges. As you can see, under Colorado law, even a conviction under the lesser charge of driving while ability impaired (DWAI), sets you up for more serious DUI penalties in the event you are charged for a subsequent violation. Our DUI defense lawyers in Denver believe fighting any charge is the best way to minimize the consequences and protect your rights.

Call drunk driving defense lawyer James Colgan for a free and confidential consultation to discuss your rights. Call 720-909-6425 today.

September 16, 2023
DUI

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