Is a DUI a Felony in Colorado?
In the state of Colorado, driving under the influence (DUI) is considered a serious offense that can have severe consequences. While it is not always a felony, it can be classified as a felony in certain circumstances. In this article, we will explore the laws surrounding DUI in Colorado and answer the question: Is a DUI a felony in Colorado?
What is a DUI in Colorado?
In Colorado, a DUI is defined as driving a vehicle while impaired by alcohol or drugs. The legal limit for blood alcohol content (BAC) is 0.08% for adults and 0.02% for minors (under the age of 21). If a person’s BAC is above these limits, they can be charged with a DUI.
Penalties for a DUI in Colorado
The penalties for a DUI in Colorado vary depending on the circumstances of the offense and the individual’s criminal history. Here are the standard penalties for a DUI in Colorado:
- First-time offense: Up to 1 year in jail, $600 to $1,000 in fines, and a 1-year license suspension.
- Second-time offense: Up to 1 year in jail, $1,000 to $1,500 in fines, and a 2-year license suspension.
- Third-time offense: Up to 3 years in prison, $2,000 to $3,000 in fines, and a 3-year license suspension.
When is a DUI a Felony in Colorado?
A DUI can be classified as a felony in Colorado if it meets certain criteria. Here are the circumstances under which a DUI can be considered a felony:
- Injury or death: If a person is injured or killed as a result of the DUI, the offense can be upgraded to a felony.
- Refusal to submit to a breath test: If a person refuses to submit to a breath test, they can be charged with a felony DUI.
- Prior DUI convictions: If a person has two or more prior DUI convictions, they can be charged with a felony DUI.
- Commercial vehicle: If a person is driving a commercial vehicle and is convicted of a DUI, they can be charged with a felony.
Felony DUI Penalties in Colorado
The penalties for a felony DUI in Colorado are more severe than those for a misdemeanor DUI. Here are the standard penalties for a felony DUI in Colorado:
- Up to 6 years in prison
- $3,000 to $5,000 in fines
- 3-year license suspension
- Ignition interlock device (IID) installation for up to 2 years
Consequences of a Felony DUI in Colorado
A felony DUI conviction in Colorado can have severe consequences, including:
- Loss of employment: A felony DUI conviction can result in the loss of employment, particularly in industries that require a commercial driver’s license.
- Loss of professional licenses: A felony DUI conviction can result in the loss of professional licenses, such as a pilot’s license or a medical license.
- Immigration consequences: A felony DUI conviction can have immigration consequences, including deportation and ineligibility for citizenship.
- Criminal record: A felony DUI conviction will result in a criminal record, which can affect future employment and education opportunities.
Conclusion
In conclusion, a DUI can be a felony in Colorado if it meets certain criteria, including injury or death, refusal to submit to a breath test, prior DUI convictions, or commercial vehicle operation. The penalties for a felony DUI in Colorado are more severe than those for a misdemeanor DUI, and can have significant consequences, including loss of employment, loss of professional licenses, immigration consequences, and a criminal record. If you have been charged with a DUI in Colorado, it is essential to seek the advice of an experienced DUI attorney to ensure that your rights are protected and your best interests are represented.
