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
Experience Felony DUI Attorney
In Colorado, most DUI charges are filed as misdemeanors. However, certain circumstances can elevate the offense to a felony — exposing you to prison time, mandatory parole, and lifelong consequences. If you are facing a repeat or aggravated DUI charge, working with an experienced felony DUI attorney is critical.
The most common way a DUI becomes a felony is when a person has three or more prior DUI-related convictions. Under Colorado law, a fourth DUI offense is automatically charged as a Class 4 Felony, regardless of when the prior convictions occurred. Prior convictions for DUI, DWAI, or vehicular offenses involving alcohol can all count toward felony enhancement.
Felony DUI cases may also involve additional aggravating factors such as serious bodily injury, prior felony convictions, or probation violations. These cases are prosecuted aggressively and often carry mandatory jail or prison exposure.
If you are facing felony DUI charges in Aurora, Denver, Lakewood, Commerce City, or anywhere in the Denver metro area, do not wait to seek legal counsel. An experienced felony DUI attorney can evaluate prior convictions, analyze potential sentencing exposure, and identify weaknesses in the prosecution’s case.
At the Lawrence Law Firm, we understand the high stakes involved in felony DUI cases. Our firm has extensive experience defending repeat DUI charges and alcohol-related felony offenses throughout Arapahoe County, Adams County, Douglas County, and surrounding jurisdictions. We fight strategically to protect your rights, challenge the traffic stop and chemical testing, and pursue alternatives that may reduce or avoid lengthy incarceration.
For a broader overview of DUI laws and penalties in Colorado, please visit our DUI Defense Guide to understand how felony charges fit within the state’s overall DUI framework.
What Makes a DUI a Felony in Colorado
In Colorado, a DUI is elevated to a felony when specific statutory thresholds are met. The most common trigger is having three or more prior convictions for DUI, DWAI, or related alcohol- or drug-driving offenses. Under C.R.S. § 42-4-1301, a fourth DUI offense is automatically charged as a Class 4 Felony, regardless of when the prior convictions occurred. Colorado law does not impose a time limit on prior convictions for felony enhancement purposes.
A DUI may also be filed as a felony if the incident involves serious bodily injury or results in death. In those cases, prosecutors may pursue additional felony charges that carry substantially harsher penalties than a standard misdemeanor DUI.
Because prior convictions dramatically increase sentencing exposure — including the possibility of prison, mandatory parole, and extended supervision — it is critical to have a skilled felony DUI attorney carefully review your criminal history, analyze enhancement issues, and identify potential defenses before key deadlines pass.
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 consequences are severe and may include a presumptive prison sentence of up to six years, fines reaching $500,000, mandatory parole, and lengthy probation supervision. For a broader breakdown of sentencing ranges and how Colorado structures DUI punishment, see our Colorado DUI Sentences and Penalties guide.
Although prison is authorized under the statute, courts often have discretion to impose probation instead of a Department of Corrections sentence. However, probation in felony DUI cases is far from lenient and comes with strict, mandatory conditions.
If probation is granted, the court must still impose a mandatory jail sentence. The minimum jail term is 90 days if served consecutively in a county facility. If the defendant participates in a work-release program, the minimum increases to 120 days. Importantly, home detention or electronic monitoring does not satisfy the required jail sentence.
Judges may impose harsher penalties depending on the specific facts of the case, including whether the incident involved an accident, serious bodily injury, a high blood alcohol concentration, or other aggravating circumstances.
In addition to incarceration, felony DUI probation typically includes court-ordered alcohol or drug treatment, community service, monitored sobriety, random testing, 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. Speaking with a DUI Defense Attorney is crucial if facing a felony level DUI offense.
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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.
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.
To lean more about defending DUI accident cases, visit our DUI Accident DUI defense page.
Defending Felony DUI Charges in Colorado
Felony DUI cases are among the most serious impaired driving charges prosecuted in Colorado. A felony DUI conviction can carry years in prison, mandatory parole, long-term license consequences, and lasting impacts on employment, professional licensing, firearm rights, and reputation. However, despite the severity of the allegations, prosecutors must still prove every element of the case beyond a reasonable doubt.
At The Lawrence Law Firm, we carefully analyze every aspect of the DUI investigation to determine whether law enforcement followed constitutional procedures and whether the evidence is actually reliable. Felony DUI cases frequently involve complex legal, scientific, and evidentiary issues that may significantly affect the outcome of the case.
Common defense issues in Colorado felony DUI cases include:
- unlawful or unsupported traffic stops
- unreliable breathalyzer or blood test evidence
- improper administration of roadside sobriety testing
- rising blood alcohol concentration (BAC)
- medical conditions that mimic intoxication
- constitutional violations during the investigation or arrest
- actual physical control disputes
- weaknesses in officer observations, body camera footage, or accident reconstruction evidence
In many felony DUI prosecutions, the government relies heavily on prior convictions, chemical testing evidence, and officer testimony. Our firm evaluates whether that evidence would withstand scrutiny at a suppression hearing or trial and whether the prosecution can actually prove impairment, operation, or causation where applicable.
To learn more about common DUI defense strategies, visit our detailed DUI defense resources:
- Colorado DUI Defenses
- Illegal Traffic Stop DUI Defense
- Challenging Breath Test Results
- Blood Test DUI Defense
- Rising BAC DUI Defense
- Field Sobriety Test Defenses
- Actual Physical Control DUI Defense
Because felony DUI charges often involve enhanced sentencing exposure and aggressive prosecution strategies, early intervention and strategic case analysis are critical. Our goal is to challenge weaknesses in the evidence, protect your constitutional rights, and position your case for the strongest possible outcome.
Frequently Asked Questions About Felony DUI in Colorado
Is a fourth DUI automatically a felony in Colorado?
Typically, Yes. The language of the statute requires a person to have three prior convictions to trigger a felony designation. However, a person with pending DUI or alcohol related offenses can’t be charged with a felony because the convictions haven’t entered.
How far back do prior DUI convictions count?
Colorado does not impose a time restriction on prior DUI or DWAI convictions for purposes of felony enhancement. Even convictions from many years ago can be used to elevate a new charge to a felony.
Can I go to prison for a felony DUI?
Yes. A felony DUI carries the possibility of a Department of Corrections sentence. However, in some cases the court may grant probation instead of prison, depending on criminal history and case circumstances.
Is probation available for a felony DUI?
Probation may be available, but it includes mandatory jail time, supervised conditions, treatment requirements, and strict monitoring. Violating probation can result in a prison sentence being imposed.
Can a felony DUI affect my job or professional license?
Yes. A felony conviction can impact employment opportunities, professional licensing, firearm rights, and background checks. The collateral consequences often extend well beyond the criminal sentence itself.
How soon should I hire a felony DUI attorney?
Immediately. Felony cases move quickly, and early intervention allows your attorney to review prior convictions, preserve evidence, negotiate strategically, and protect your rights from the outset.
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.
Felony DUI Attorney Serving Aurora, Denver, and the Entire Metro Area
We routinely defend felony DUI cases in the following counties:
Our office is conveniently located in Aurora, and our felony DUI attorney regularly appears in courtrooms across the metro area. We understand the procedures, prosecutors, and sentencing practices unique to each jurisdiction.
Whether you have been arrested for a fourth DUI or are facing felony charges following an accident involving injury, experienced legal representation is critical. Our felony DUI attorney provides free consultations, flexible scheduling — including evening and weekend appointments — and direct access to your lawyer throughout every stage of the case.
Contact the Lawrence Law Firm for Your Felony DUI Defense
If you have been charged with felony DUI in Aurora or anywhere in the Denver metro area, time is critical. Felony cases move quickly, and the decisions made in the early stages can significantly impact sentencing, probation eligibility, and long-term consequences.
At the Lawrence Law Firm, we understand what is at stake — your freedom, your record, and your future. Our experienced felony DUI attorney is prepared to step in immediately, evaluate the evidence, and begin building a strategic defense tailored to your case.
Call today to speak directly with a felony DUI attorney or request a free, confidential consultation through our website. We are ready to protect your rights and fight for the best possible outcome.
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Address
2821 S. Parker Rd. Suite 865
Aurora, CO 80014
Contact
lain@coloradodefenders.com
Ph: 720-369-4929
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