Is dui a felony in Colorado?

Is DUI a Felony in Colorado?

Direct Answer:
In Colorado, DUI (Driving Under the Influence) can be a felony under certain circumstances. DUI is a felony if it is your fourth or subsequent DUI offense within 10 years. If you are convicted of a felony DUI, you could face up to 6 years in prison, a fine of up to $1,000, and a mandatory minimum 2-year license revocation.

Understanding the DUI Laws in Colorado

Colorado has strict laws regarding DUI, with varying penalties depending on the severity of the offense. The state has a two-tiered system, with misdemeanor DUIs (Misdemeanor DUIs) and felony DUIs (Felony DUIs).

Misdemeanor DUIs:

• First-time DUI offenders are typically charged with a misdemeanor and may face up to 1 year in jail, a fine of up to $1,000, and a 1-year license revocation.
• Second-time DUI offenders may face up to 1 year in jail, a fine of up to $1,500, and a 2-year license revocation.

Felony DUIs:

• Third-time DUI offenders within 10 years may face up to 3 years in prison, a fine of up to $1,000, and a 3-year license revocation.
• Fourth or subsequent DUI offenders within 10 years are charged with a felony and face up to 6 years in prison, a fine of up to $1,000, and a mandatory minimum 2-year license revocation.

Enhanced Penalties for Felony DUIs

In addition to the standard penalties for felony DUI, there are several enhanced penalties that may be imposed:

• Vehicular homicide: If someone is killed as a result of a DUI crash, the offender may be charged with vehicular homicide, which is a felony punishable by up to 12 years in prison.
• Causing serious bodily injury: If someone is seriously injured as a result of a DUI crash, the offender may face up to 6 years in prison.
• Minor in the vehicle: If a minor (someone under the age of 15) is in the vehicle during a DUI offense, the offender may face up to 6 years in prison.

Consequences of a Felony DUI Conviction

A felony DUI conviction can have severe consequences on your life, including:

• Loss of your driver’s license: For a minimum of 2 years, and potentially indefinitely.
• Increased insurance rates: Your insurance rates may increase significantly due to the felony conviction.
• Difficulty finding employment: Many employers may view a felony DUI conviction as a serious offense and may refuse to hire you.
• Impact on your immigration status: If you are not a U.S. citizen, a felony DUI conviction may impact your immigration status.

Defenses to a Felony DUI Charge

If you are facing a felony DUI charge, it’s essential to work with a skilled attorney who can help you build a strong defense. Some common defenses include:

• Challenging the evidence: Contesting the accuracy of breathalyzer or blood test results, or challenging the procedures used to obtain the evidence.
• Proving the offense was not reckless: If you were involved in a crash, your attorney may argue that the crash was not caused by reckless behavior.
• Mitigating circumstances: If you were involved in a crash and someone was injured or killed, your attorney may argue that you were not entirely responsible and that there were mitigating circumstances.

Conclusion

In conclusion, a DUI can be a felony in Colorado if it is your fourth or subsequent DUI offense within 10 years. The penalties for felony DUI are severe, including up to 6 years in prison, a fine of up to $1,000, and a mandatory minimum 2-year license revocation. It’s essential to understand the laws and consequences of a felony DUI conviction and to work with a skilled attorney if you are facing such charges.

Table: DUI Penalties in Colorado

Bullets: Common Defenses to a Felony DUI Charge

• Challenging the evidence
• Proving the offense was not reckless
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• Mitigating circumstances
• Lack of intent to harm
• Innocence