If you have a prior conviction for a DUI in a different state, it will count as a previous conviction for a Colorado DUI.If you have a prior conviction for a DUI in a different state, it will count as a previous conviction for a Colorado DUI.
To count DUI convictions, a person is deemed to have a prior conviction for a:
- DUI per se
- Vehicular assault involving drugs or alcohol (CRS 18-3-205)
- Vehicular homicide involving drugs or alcohol (CRS 18-3-106)
This can include a conviction for any of the above offenses “under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of an act that, if committed within this state, would constitute any of these offenses.”
For example, Johnny is a 69-year-old man who has lived in Colorado Springs, Colorado, for the last 44 years. When Johnny was 25 years old, he got arrested for a DUI in Tulsa, Oklahoma, and pleaded guilty to drunk driving.
44 years later, Johnny is pulled over for an improper lane change in Colorado Springs. The Police officer smells alcohol on Johnny’s breath, and he is then arrested for drunk driving. Even though Johnny’s prior DUI was more than 40 years ago in a different state, Colorado prosecutors would charge it as a DUI 2nd if they can prove the existence of the prior conviction.