Is a DUI in Colorado a Felony?
In the state of Colorado, driving under the influence (DUI) is considered a serious offense. While it is not always a felony, the consequences of a DUI conviction can be severe. In this article, we will explore the laws surrounding DUI in Colorado and answer the question: Is a DUI in Colorado a felony?
What is a DUI in Colorado?
In Colorado, a DUI is defined as driving a vehicle while impaired by alcohol or drugs. The state has a per se law, which means that a person can be charged with a DUI even if their blood alcohol content (BAC) is above the legal limit, which is 0.08% for adults and 0.02% for minors.
DUI Penalties 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 typical penalties for a DUI in Colorado:
- First-time offender:
- Fines: $600 to $1,000
- Jail time: 5 days to 1 year
- License suspension: 9 months to 2 years
- Ignition interlock device: Required for 1 year
- Second-time offender:
- Fines: $1,000 to $1,500
- Jail time: 10 days to 1 year
- License suspension: 1 to 2 years
- Ignition interlock device: Required for 2 years
- Third-time offender:
- Fines: $1,500 to $2,000
- Jail time: 60 days to 1 year
- License suspension: 2 to 3 years
- Ignition interlock device: Required for 3 years
Is a DUI in Colorado a Felony?
In Colorado, a DUI is typically a misdemeanor offense. However, there are certain circumstances under which a DUI can be elevated to a felony:
- Felony DUI: A DUI can be charged as a felony if it results in serious bodily injury or death to another person. In this case, the offense is considered a Class 4 felony.
- Repeat offender: If a person has two or more prior DUI convictions, they can be charged with a felony DUI. In this case, the offense is considered a Class 5 felony.
Consequences of a Felony DUI Conviction
If a person is convicted of a felony DUI, they can face significant consequences, including:
- Jail time: 2 to 6 years
- Fines: $2,000 to $5,000
- License suspension: 5 years
- Ignition interlock device: Required for 5 years
- Community service: 100 to 200 hours
Defending Against a DUI Charge
If you have been charged with a DUI in Colorado, it is essential to work with an experienced attorney who can help you defend against the charges. Here are some common defenses that may be used in a DUI case:
- Challenging the stop: If the police did not have a valid reason to stop your vehicle, the evidence obtained during the stop may be suppressed.
- Challenging the field sobriety tests: If the field sobriety tests were not administered properly, the results may be unreliable.
- Challenging the breath or blood test: If the breath or blood test was not administered properly, the results may be unreliable.
- Showing that the officer was biased: If the officer who arrested you had a personal bias against you, this may be used as a defense.
Conclusion
In conclusion, a DUI in Colorado is typically a misdemeanor offense, but it can be elevated to a felony if it results in serious bodily injury or death to another person or if the person has two or more prior DUI convictions. The consequences of a DUI conviction can be severe, including fines, jail time, and license suspension. If you have been charged with a DUI, it is essential to work with an experienced attorney who can help you defend against the charges and minimize the consequences.
