A Fourth DUI is Not Always a Felony Under Colorado Law

Under Colorado law, what does the court consider as a prior DUI conviction?

When determining whether a DUI offense becomes a felony, Colorado courts look closely at a defendant’s prior alcohol-related driving convictions. Many people assume that only prior DUI convictions count toward a felony charge. In reality, Colorado law takes a much broader approach.

Under Colorado law, several different alcohol-related driving offenses may qualify as prior convictions. Understanding what counts as a prior offense is critical because it determines whether a new DUI charge will remain a misdemeanor or be elevated to a felony offense.

DUI and DWAI Convictions Count as Prior Offense

Colorado law counts any alcohol-related driving conviction, not just convictions labeled as “DUI.” This means both Driving Under the Influence (DUI) and Driving While Ability Impaired (DWAI) can count as prior offenses.

A DUI occurs when a driver is substantially incapable of safely operating a vehicle because of alcohol, drugs, or a combination of both. Typically, a blood alcohol content (BAC) of 0.08 or higher can lead to a DUI charge.

A DWAI, on the other hand, is considered a lesser offense. To prove DWAI, the prosecution only needs to show that the driver was impaired to the slightest degree. Even a small amount of alcohol that affects a driver’s ability can lead to a DWAI charge.

Despite being a lesser offense, DWAI convictions still count as prior alcohol-related driving convictions under Colorado law. This means a person who previously pled guilty to DWAI could still face felony charges if they later accumulate enough alcohol-related convictions.

Vehicular Assault and Vehicular Homicide Can Also Count

Colorado law does not limit prior offenses to simple DUI or DWAI cases. Certain serious offenses involving alcohol and driving may also count as prior convictions.

For example, a conviction for vehicular assault involving alcohol or drugs can qualify as a prior alcohol-related driving offense.

Vehicular assault occurs when a driver causes serious bodily injury to another person while operating a vehicle under the influence. Colorado law defines serious bodily injury as injuries that involve:

• A substantial risk of death

• Permanent disfigurement or scarring

• Prolonged loss or impairment of a bodily function

• Serious fractures or internal injuries

When alcohol or drugs are involved in a crash causing serious injury, prosecutors may file vehicular assault charges instead of a standard DUI.

Similarly, vehicular homicide involving alcohol or drugs may also count as a prior offense. Vehicular homicide occurs when a person drives under the influence and causes the death of another individual.

Because these offenses involve impaired driving, Colorado courts treat them as prior alcohol-related convictions when evaluating whether a new DUI should be charged as a felony.

What Does “Conviction” Mean Under Colorado DUI Law?

Another important issue is the legal definition of a conviction.

Under Colorado law, a conviction occurs only after the court enters a sentence. This means that being charged with a DUI or arrested for a DUI does not count as a prior conviction.

Instead, the court must formally sentence the defendant. This typically happens after:

• A guilty plea

• A guilty verdict at trial

• A deferred judgment that later results in a conviction

Because of this rule, timing can sometimes become important in DUI cases involving multiple charges.

For example, a defendant could theoretically have multiple DUI cases pending at the same time. If none of those cases have reached sentencing yet, the court may not treat the new case as a felony DUI.

Colorado Counts Lifetime DUI Convictions

Colorado DUI law is also strict in another important way. Unlike some states that use a lookback period (such as 5 or 10 years), Colorado counts prior convictions from a person’s entire lifetime.

This means a DUI conviction from 20 or even 30 years ago may still count when determining whether a new DUI becomes a felony.

Colorado law will also consider out-of-state convictions. If someone was convicted of a DUI or similar alcohol-related offense in another U.S. state or territory, that conviction may count toward the total number of prior offenses.

Because of these rules, drivers who move to Colorado sometimes face felony DUI charges based on convictions that occurred years earlier in another state.

When is a Fourth DUI Not a Felony Under Colorado Law?

Colorado’s felony DUI statute is found in C.R.S. 42-4-1301. This statute outlines the penalties for driving under the influence and explains when a DUI offense becomes a Class 4 felony.

Generally speaking, DUI offenses are charged as misdemeanors. However, the statute allows prosecutors to charge a fourth or subsequent DUI as a felony if the defendant has three prior qualifying convictions.

At first glance, this rule appears straightforward. If someone has three prior alcohol-related driving convictions and receives another DUI charge, the case could be filed as a felony DUI.

However, the specific language of the statute can create exceptions.

The Importance of the Statutory Language

Colorado lawmakers used very specific wording when drafting the felony DUI statute. The law focuses on prior convictions, not merely prior arrests or charges.

As discussed earlier, a conviction only occurs after sentencing. Because of this definition, situations can arise where a person technically does not yet have three qualifying convictions at the time of the new charge.

For example, imagine a person who has three separate DUI cases pending in court but has not yet been sentenced in any of them. If the person is arrested again before those cases reach sentencing, the new case may not automatically qualify as a felony.

In situations like this, prosecutors may initially charge the case as a misdemeanor DUI.

Courts Still Treat Repeat DUI Cases Seriously

Even when a fourth DUI is technically charged as a misdemeanor, the court will likely treat the case as aggravated.

Judges and prosecutors in counties throughout the Denver Metro Area, including Arapahoe, Adams, Denver, and Jefferson Counties, take repeat DUI offenses very seriously.

A defendant facing multiple DUI cases may still receive:

• Significant jail time

• Long probation periods

• Alcohol monitoring requirements

• Intensive treatment programs

In many cases, the court may impose lengthy jail sentences even if the offense is technically filed as a misdemeanor.

Because of these complexities, repeat DUI cases often require careful legal analysis and strategic defense planning.

Frequently Asked Questions About Fourth DUI Charges in Colorado

Is a fourth DUI automatically a felony in Colorado?

Not always. Under C.R.S. 42-4-1301, a fourth DUI can be charged as a Class 4 felony if the defendant has three prior alcohol-related driving convictions. However, the statute specifically requires prior convictions, not just arrests or pending cases.

If a defendant has multiple DUI charges pending but has not yet been sentenced in those cases, the new DUI charge may initially be filed as a misdemeanor. Prosecutors will often review the timing of prior convictions to determine whether the felony DUI statute applies.

Even when a fourth DUI is charged as a misdemeanor, courts often treat repeat offenses very seriously and may impose significant jail sentences and probation requirements.

Does Colorado count old DUI convictions?

Yes. Colorado does not have a DUI lookback period. This means the court will consider DUI convictions from any point in a person’s lifetime.

Even a conviction that occurred decades earlier can still count toward determining whether a new DUI becomes a felony offense.

Because of this rule, some drivers are surprised to learn that a very old DUI conviction can still affect the severity of a current case.

Do out-of-state DUI convictions count in Colorado?

Yes. Colorado law allows courts to consider out-of-state DUI or alcohol-related driving convictions when determining whether a new DUI qualifies as a felony.

If a driver was convicted of DUI, DWI, or a similar offense in another U.S. state or territory, that conviction may count toward the total number of prior offenses.

Courts will typically examine whether the other state’s law is substantially similar to Colorado’s DUI laws before counting the conviction.

SPEAK WITH A DUI DEFENSE ATTORNEY TODAY 

A Felony DUI can seriously impact a defendant’s life. It may seem simple and straight forward, but this kind of case can be complicated. It is important to speak with a Felony DUI Defense Attorney that understands the complexities of a DUI case.

The law surrounding actual physical control is complex. The Lawrence Law Firm is an experienced felony dui attorney. He understands the cases surrounding this topic and monitors any change in the law.   

Our firm routinely handles DUI Cases. We are ready, willing, and able to provide you with the representation you deserve. We offer free consultations and flexible payment plans. Our goal is to provide aggressive representation to anyone who needs it, while not sacrificing any defendants because of budget.

Our defense lawyer routinely represents clients in Arapahoe, Denver, Adams, Jefferson, and any metro case. Our firm offers appointments after hours or on the weekends.

Request a consultation from our Colorado Felony Defense Attorney.