If you’ve been arrested for DUI in Colorado, you’re probably wondering if a DUI is a felony. The answer depends on several factors, including your prior record and whether the incident caused injury or death. Below, we break down when a DUI becomes a felony in Colorado, what penalties you could face, and why hiring an experienced Denver DUI lawyer can make all the difference.
When Is a DUI a Felony in Colorado?
Most first and second DUI offenses in Colorado are charged as misdemeanors. However, there are several scenarios in which a DUI becomes a felony, carrying far more severe penalties.
1. Fourth or Subsequent DUI – Class 4 Felony
Under Colorado Revised Statutes § 42-4-1301, a fourth DUI offense—or any DUI after three prior convictions for DUI, DWAI, vehicular assault, or vehicular homicide—is automatically classified as a Class 4 felony. This applies even if the current incident didn’t involve an accident or injury.
Potential penalties:
- 2 to 6 years in Colorado state prison (plus 3 years parole)
- Up to $500,000 in fines
- Mandatory substance abuse treatment
- Revoked driver’s license
2. DUI Causing Serious Injury – Vehicular Assault
If you’re accused of driving under the influence and causing serious bodily injury to another person, prosecutors may charge you with vehicular assault, a felony under C.R.S. § 18-3-205.
Penalties may include:
- Class 4 felony charges
- 2 to 6 years in prison
- Significant fines
- Restitution to the victim
- Long-term loss of driving privileges
3. DUI Causing Death – Vehicular Homicide
If a DUI results in the death of another person, the charge becomes vehicular homicide under C.R.S. § 18-3-106. This is one of the most serious DUI-related felonies and can result in substantial prison time.
Penalties may include:
- Class 3 felony
- 4 to 12 years in state prison (with aggravated sentencing up to 24 years)
- Up to $750,000 in fines
- Permanent criminal record
Misdemeanor vs. Felony DUI in Colorado
Understanding the difference is crucial. A misdemeanor DUI typically applies to first or second offenses with no injury involved. These cases often result in county jail time, fines, probation, community service, and license suspension. A felony DUI, on the other hand, puts you at risk of prison time, higher fines, and long-term consequences that can affect your job, housing, and civil rights. Even a misdemeanor DUI can carry heavy penalties, but a felony DUI can change your life forever.
Defending Against Felony DUI Charges
If you’re facing felony DUI charges in Colorado, your first step should be contacting a skilled criminal defense attorney in Denver. At Baker Law Group, PLLC, we build a custom defense strategy that may include:
- Challenging the legality of the traffic stop
- Questioning the accuracy of breath or blood test results
- Disputing prior DUI convictions used to enhance the charge
- Negotiating to reduce a felony to a misdemeanor if possible
- Pushing for alternatives to prison such as treatment programs or probation
Why You Need a Denver DUI Lawyer
Colorado’s DUI laws are strict—and felony DUI cases move quickly through the system. The earlier you get legal representation, the more options you may have to reduce or dismiss the charges. Our experienced team at Baker Law Group, PLLC will act fast to protect your rights, fight for your freedom, and work toward the best possible outcome. We’ve helped clients across Denver avoid prison, reduce felony charges, and reclaim their lives.
Facing Felony DUI Charges? Talk To Us Now
If you’re facing a potential felony DUI in Colorado, don’t leave your future to chance. Contact us today to speak with a trusted Denver DUI lawyer. Your consultation is confidential, and the sooner we get involved, the more we can do to help.
