Key Takeaways
What to Know About Felony DUI Charges in Colorado
The points below summarize when a DUI becomes a felony in Colorado, the charges that apply, and the penalties involved.
- In Colorado, most first, second, and third DUI offenses are charged as misdemeanors. A DUI is charged as a felony only when specific legal conditions are met.
- A fourth or subsequent DUI in Colorado is a Class 4 felony when the driver has three or more prior convictions for DUI, DUI per se, DWAI, vehicular assault, or vehicular homicide. Out-of-state convictions count toward this total.
- A DUI that causes serious bodily injury is charged as vehicular assault, a Class 4 felony in Colorado. A DUI that causes a death is charged as vehicular homicide, a Class 3 felony punishable by up to 12 years in prison.
- A Class 4 felony DUI conviction in Colorado carries 2 to 6 years in prison, fines up to $500,000, a mandatory 3-year parole period, and the loss of certain civil rights, including firearm ownership.
- Felony DUI convictions in Colorado generally cannot be expunged or sealed, so a felony DUI stays on a person’s criminal record permanently.
A typical night out can turn into a life-altering experience the moment flashing lights appear in your rearview mirror. If you have recently been charged with a DUI, one of your biggest questions may be: Is a DUI a felony in Colorado? The answer depends on the details of your case. While many DUI charges are misdemeanors, there are situations where a DUI becomes a felony, and the consequences can be severe.
At The Harrell Law Firm, PLLC, we understand the anxiety and confusion that come after a DUI arrest. Whether this is your first charge or you’ve been through the system before, we are here to defend you as we help you understand your rights, your risks, and your options.
Is a DUI a Felony in Colorado?
Most first, second, and even third DUI offenses are charged as misdemeanors. However, under Colorado law, a DUI becomes a felony when certain conditions are met. If you are facing a felony DUI in Colorado, the penalties are much harsher, and the long-term impact can be greater.
Understanding the line between misdemeanor and felony DUI is critical to protecting your future.
Charged With a DUI? Take a Breath — You Don’t Have to Face This Alone.
The hours after a DUI arrest are frightening and full of questions. We understand the anxiety and confusion that follow, and we listen without judgment. Whether this is your first charge or you have been through the system before, we will help you understand your rights, your risks, and your options.
Schedule a ConsultationFelony DUI Law in Colorado
Colorado’s felony DUI law went into effect in 2015. Prior to that, all DUI charges were treated as misdemeanors unless someone was seriously injured or killed. The change in law allows prosecutors to seek felony charges once a driver accumulates three prior convictions for impaired driving offenses.
The law does not require that prior convictions be from Colorado. Out-of-state convictions also count as long as the conduct would be considered a DUI under Colorado law. This broad definition catches many people off guard.
When Does a DUI Become a Felony?
Under Colorado law, the prosecutor can elevate a DUI to a felony if the facts of the case meet certain thresholds. This is important for anyone wondering if a DUI is a felony in Colorado.
1. It Is Your Fourth or Subsequent DUI
Do you have three or more prior convictions for any of the following?
- DUI,
- DUI per se,
- DWAI,
- Vehicular assault, or
- Vehicular homicide.
If you have three or more of these convictions from anywhere in the United States, the prosecutor can charge your fourth DUI as a Class 4 felony in Colorado. This holds true regardless of how much time has passed between offenses.
Even if no one was injured and your BAC was only slightly over the legal limit, the fourth offense rule applies automatically.
2. The DUI Involves Serious Bodily Injury or Death
A DUI can also become a felony if it causes harm to another person. These offenses are charged separately under Colorado’s vehicular assault and vehicular homicide statutes.
- Vehicular assault. Causing serious bodily injury while driving under the influence is a Class 4 felony.
- Vehicular homicide. Causing the death of another person while impaired is a Class 3 felony, punishable by up to 12 years in prison.
These charges are among the most serious DUI-related crimes in Colorado. You would be wise to seek immediate legal representation if the State charges you with such an offense.
3. You Have Prior Felony DUI Convictions
If you already have a felony DUI conviction, any new DUI charge may be prosecuted more aggressively. The court can consider your full criminal history when determining sentencing.
In these situations, prosecutors may be less inclined to offer advantageous plea deals, and judges may impose maximum sentences. Having an experienced defense lawyer can make a meaningful difference.
Penalties for a Felony DUI in Colorado
The penalties for a felony DUI in Colorado are significantly more severe than those for a misdemeanor offense. A felony conviction can affect many areas of your life for years to come. Some of the potential penalties include the following:
- Prison time. A felony DUI conviction can lead to a prison sentence of 2 to 6 years if charged as a Class 4 felony.
- Fines. You may face fines of up to $500,000, depending on the circumstances of your case.
- Parole. Upon release from prison, there is a mandatory parole period of 3 years.
- Loss of civil rights. A felony conviction can result in the loss of certain rights, including the right to own or possess firearms.
- Felony record. A felony DUI conviction will remain on your criminal record. This can negatively influence job applications, rental housing approvals, and other aspects of everyday life.
Unlike misdemeanor DUI convictions, felony DUI convictions in Colorado typically cannot be expunged or sealed, which makes early legal intervention critical.
Your Future Is Worth Protecting. Let’s Talk Through Your Options Together.
A DUI charge does not have to define what comes next. The decisions you make early on can shape the outcome, and you should not have to make them alone. We will sit down with you, answer your questions honestly, and build a defense strategy around your life — with flexible scheduling and online payment options to make the process easier.
Schedule a ConsultationWhy Legal Representation Matters
If you are facing a possible felony DUI charge, you should not go through this process alone. The consequences can be life-changing, and early decisions—such as how to respond to a DMV hearing or whether to enter a plea—can affect the outcome.
At The Harrell Law Firm, PLLC, we will do the following for you:
- Analyze the facts of your case and assess potential felony exposure;
- Investigate whether prior convictions are valid and admissible;
- Challenge any unlawful traffic stop, arrest, or chemical test procedures;
- Negotiate with prosecutors to reduce charges or sentencing;
- Take your case to trial if that becomes necessary; and
- Provide you with honest guidance and strong advocacy every step of the way.
Our firm takes pride in helping clients regain control of their lives. Whether you’re in Loveland, Fort Collins, Longmont, Estes Park, or anywhere in Northern Colorado, we’re here to listen and help.
Facing Felony DUI Charges? We’re Here to Help.
Is a DUI a felony in Colorado? If you are asking this question, the stakes may already be high. Whether it’s your fourth offense or a DUI involving injury, you need to act quickly and carefully.
The Harrell Law Firm, PLLC offers experienced, compassionate representation for individuals confronting felony DUI charges. If you have questions about how Colorado’s felony DUI law may apply to your case, our team is ready to help. We have over 12 years of experience providing personalized defense strategies with modern support systems like flexible scheduling and online payment options.
Contact us today to schedule your confidential consultation. We’re here to protect your rights, your freedom, and your future.
