Serving Aurora, Denver Metro & Colorado | 15+ Years of DUI Defense
Felony DUI Attorney in Colorado
Representing Clients Facing Felony Drunk Driving Charges in Denver, Aurora, and Surrounding Counties
Experienced Felony DUI Attorney
A DUI charge in Colorado is typically classified as a misdemeanor. However, certain aggravating factors elevate the charge to a felony, bringing far more severe penalties and long-term consequences.
The most common way a DUI becomes a felony is when a defendant has three or more prior convictions for DUI-related offenses. Under Colorado law, a fourth DUI is automatically charged as a Class 4 Felony.
If you are facing this type of charge in Aurora, Denver, Lakewood, Commerce City, or any part of the Denver metro area, it is essential to contact an experienced felony DUI attorney immediately.
At the Lawrence Law Firm, we understand the serious implications of a felony DUI conviction. Our felony DUI lawyer has extensive experience defending clients charged with repeat DUI offenses and DUI-related felonies. We fight aggressively to protect your rights, challenge the prosecution’s evidence, and help you avoid unnecessary jail time or a long-term criminal record.
What Makes a DUI a Felony in Colorado?
In most cases, a first, second, or third DUI in Colorado is prosecuted as a misdemeanor. However, once a defendant accumulates three or more prior convictions for impaired driving—whether for DUI, DWAI (Driving While Ability is Impaired), vehicular assault involving alcohol, or even vehicular homicide—any subsequent offense is charged as a felony.
The prior convictions do not have to come from Colorado. The law allows prosecutors to count DUI-related convictions from any state or U.S. territory, regardless of how long ago they occurred. This means that even if your previous DUIs happened decades ago in another state, they can still be used to support a felony DUI charge today.
Notably, the prosecution must prove those prior convictions beyond a reasonable doubt as part of the felony DUI case. In some situations, this creates an opportunity for the defense to challenge the sufficiency or admissibility of old records—especially if they are incomplete or missing.
Will the Jury Know About My Prior DUI Convictions?
Yes. Because prior convictions are a critical element of a felony DUI charge, the jury will hear about your prior offenses during trial. This can be a double-edged sword. On one hand, if the prosecution cannot prove the priors, it may result in a lesser charge or dismissal.
On the other hand, if the priors are introduced, the jury may develop a negative impression, even if you were not impaired during the most recent arrest. A skilled defense attorney will work to minimize this prejudice and keep the focus on the facts of the current case—not your past.
The Colorado Supreme Court opinion that held this ruling was People v. Kembel.
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What Is the Punishment for a Felony DUI in Colorado?
A fourth or subsequent DUI offense is charged as a Class 4 Felony in Colorado. The penalties are significant and include a presumptive prison sentence of up to 6 years, fines of up to $500,000, and lengthy probation terms.
In many cases, the court has the option to impose probation instead of prison, but probation in felony DUI cases comes with mandatory conditions.
If the judge grants probation, you will still face mandatory jail time. The minimum jail sentence is 90 days if served straight through in a county facility. If you participate in a work-release program, the minimum increases to 120 days.
Home detention or electronic monitoring does not count toward the required jail time. Judges may impose harsher sentences depending on the circumstances, including whether there was an accident, injury, or high blood alcohol concentration.
In addition to jail time, probation for a felony DUI typically includes alcohol or drug education classes, community service, random sobriety monitoring, mental health evaluations, and other rehabilitative conditions. Failure to comply with any term of probation can result in revocation and the imposition of a prison sentence.
Other Felony DUI Charges: Vehicular Assault and Vehicular Homicide
Not all felony DUI cases are based on prior convictions. In Colorado, a DUI-related car crash that causes serious bodily injury to another person—including a passenger—can result in a charge of vehicular assault, a Class 4 felony. If the crash results in someone’s death, the charge may be elevated to vehicular homicide, which is even more serious.
Vehicular assault charges carry the same potential penalties as a fourth DUI: prison time, high fines, and mandatory probation conditions. These cases are aggressively prosecuted, and prosecutors often seek prison time, especially where the victim sustained permanent or life-threatening injuries. Even if you are not at fault for the collision, the presence of drugs or alcohol in your system can result in a felony charge.
Why You Need an Experienced Felony DUI Attorney
Felony DUI charges are life changing. A felony conviction affects your ability to find employment, possess a firearm, vote in some jurisdictions, or hold a professional license. The collateral consequences go far beyond jail time or fines. For this reason, it is critical to retain a DUI defense lawyer who is familiar with Colorado’s felony sentencing laws, plea negotiation strategies, and trial tactics.
At the Lawrence Law Firm, we provide hands-on, personalized legal representation tailored to your circumstances. We begin every case by thoroughly reviewing police reports, body cam footage, and chemical test results.
Then, our attorney evaluates whether the traffic stop was lawful, whether field sobriety tests were properly administered, and whether breath or blood tests complied with state regulations.
Finally, the lawyer examines the prosecution’s proof of prior convictions, which is often a key battleground in felony DUI cases.
Serving Aurora, Denver, and the Entire Metro Area
We routinely defend felony DUI cases in the following counties:
Our office is located in Aurora, but we frequently appear in courtrooms throughout the metro area.
Whether you’ve been arrested for your fourth DUI or are facing felony charges after an accident, we are here to help. Our felony DUI attorney offers free consultations, flexible scheduling—including evening and weekend appointments—and direct access to your attorney throughout the case.
Contact the Lawrence Law Firm for Felony DUI Defense
If you’ve been charged with felony DUI in Aurora or anywhere in the Denver Metro Area, you need to act quickly. Felony charges move faster than you may expect, and early legal intervention can make a significant difference in the outcome of your case. At the Lawrence Law Firm, we understand what’s at stake, and we’re ready to defend your future.
Call today to speak with a felony DUI attorney or request a free consultation through our website. We are ready to fight for you.
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Areas of Practice
Service Areas
- Denver County
- Arapahoe County
- Adams County
- Douglas County
- Jefferson County
Frequently Asked Questions
What makes a DUI a felony in Colorado?
In Colorado, a DUI becomes a felony if it is your fourth or subsequent impaired driving offense. This includes prior convictions for DUI, DWAI, vehicular assault, or vehicular homicide involving alcohol or drugs. A DUI can also be charged as a felony if it causes serious injury or death.
Is a fourth DUI automatically a felony in Colorado?
NO. Under current Colorado law, a defendant must have three prior convictions on their record at the time the fourth offense is committed. If the fourth offense is committed while prior cases are pending, it will be considered a misdemeanor. It will be handled as a serious offense.
How far back do DUI convictions count toward a felony charge in Colorado?
There is no time limit. Any prior DUI or DWAI conviction—regardless of how old—can be used to enhance your charge to a felony. These offense can be committed in any state or territory of the United States.
Can I go to prison for a felony DUI in Colorado?
Yes. A Class 4 felony DUI carries a presumptive prison sentence of 2 to 6 years. However, it is also possible to do community corrections and probation. Probation will always come with a mandatory jail sanction.
Is probation available for a felony DUI?
Yes, probation is possible, but it includes mandatory jail time (90–120 days), plus alcohol education, monitored sobriety, and community service.
What is the mandatory jail time for a felony DUI conviction?
If you’re granted probation, you must serve at least 90 days in jail, or 120 days if you qualify for work release. Home detention cannot substitute for this mandatory jail time.
What’s the difference between a felony DUI and vehicular assault?
A felony DUI typically stems from prior convictions. Vehicular assault is a separate felony that applies when someone drives impaired and causes serious bodily injury, even to a passenger.
Will the jury hear about my prior DUI convictions at trial?
Yes. Prior offenses are a required element of the charge, and the jury will hear evidence of those convictions during trial. A defendant should remember this when deciding whether to go to trial. Evidence of prior convictions could be misused by juries, but it is permissible.
Can a felony DUI affect my professional license or job?
Absolutely. A felony conviction may result in the suspension or revocation of a professional license and can make it difficult to find employment or housing.
Can I still drive after a felony DUI arrest?
Possibly. You may face administrative suspension from the DMV, but you have the right to request a hearing. The outcome of that hearing determines your short-term driving status.
Colorado Felony DUI Attorney - Available Today
Contact Information
Address
2821 S. Parker Rd. Suite 865 Aurora, CO 80014
Contact
lain@coloradodefenders.com Ph: 720-369-4929
Hours
Monday-Friday: 8 am - 6 pm Weekends and Afterhours By Appointment