Is a DUI a Felony in Colorado?

Most people know that getting charged with a DUI is serious, but they may not understand the actual legal implications. This is likely due to the fact that each state has its own guidelines for handling DUIs, including their penalties and whether they count as misdemeanors or felonies.

If you’re facing a DUI in the Centennial State, you may be wondering, is a DUI a felony in Colorado? 

In the state of Colorado, a DUI can be a felony or a misdemeanor, depending on the circumstances. You can identify which charge applies to your situation by exploring different scenarios and adequately preparing for the journey ahead. In this article, we break down when a DUI becomes a felony in Colorado and explore the penalties for different types of DUIs.

Understanding DUIs in Colorado

Before you determine if your Colorado DUI charge is a felony or a misdemeanor, it’s helpful to have a basic understanding of Colorado’s DUI system. Colorado has three different types of impaired driving charges¹:

• Driving under the influence (DUI) – This is a blanket charge for driving while under the influence of drugs or alcohol to the point that you can’t safely operate a vehicle. You can get a DUI even if you refuse a breathalyzer and if your BAC is below the legal limit of .08% if you were clearly impaired.
• Driving while ability impaired (DWAI) – If you are even slightly impaired by drugs or alcohol while driving, you can get charged with a DWAI.
• DUI per se. – It’s always illegal to drive with a BAC of over .08% in Colorado, so you can get charged with a DUI per se. if your BAC was above the legal limit, even if the state didn’t prove that your driving ability was impaired.

All of these charges are misdemeanors for your first offense. If you accrue multiple subsequent charges, however, the charges could eventually be upgraded to felony status.

Is DUI a Felony in CO?

In some cases, a DUI can be a felony in the state of Colorado. However, misdemeanor DUIs are more common. The legal status of your DUI depends on the severity of your situation and your criminal history.

So, what is a felony DUI in Colorado?

A DUI becomes a felony after your third DUI conviction. That means that your first three DUIs will be misdemeanors, but your 4th DUI will be a class 4 felony charge. You can also get a felony DUI if someone was killed or seriously injured because of your Colorado DUI incident. In these cases, you may be subject to more serious charges like vehicular assault, which is also a class 4 felony, or even vehicular homicide, which is a class 3 felony.

Legal Consequences of Misdemeanor vs. Felony DUIs in Colorado

Each Colorado DUI conviction you get will come with increasingly serious consequences. For example, you may not serve jail time for your first DUI, and may get a restricted license in Colorado instead. However, you’ll likely spend time in jail for your 2nd DUI in Colorado. Once you reach your third DUI, you’ll probably pay higher fines and have a longer jail sentence, even though it’s still a misdemeanor charge.

Here’s a breakdown of the DUI penalties based on your number of DUI offenses²:

First DUI or DWAI (Misdemeanor)

DUI and DWAI penalties vary slightly for your first offense. For a DWAI, you can face these consequences:

• Two to 180 days in jail (not mandatory)
• Up to two years of probation
• $200 to $500 in fines
• 24 to 48 hours of community service

For your first DUI, you can expect:

• Five days to one year jail time (not mandatory)
• Up to two years of probation
• $600 to $1,000 in fines
• 48 to 96 hours of community service
• Nine-month driver’s license suspension

Second DUI (Misdemeanor)

If you get a second DUI case or DWAI, you could face:

• 10 days to one year in jail (mandatory)
• Two to four years of probation
• $600 to $1,500 in fines
• 48 to 120 hours of community service
• One-year license suspension

Third DUI (Misdemeanor)

The main difference between your third and second DUI case is the jail term, as the mandatory minimum sentence jumps from 10 days to 60 days even though it’s still a misdemeanor. Here’s a full breakdown of the consequences:

• 60 days to one year in jail (mandatory)
• Two to four years of probation
• $600 to $1,500 in fines
• 48 to 120 hours of community service
• Two-year license suspension

Fourth DUI (Felony)

Your fourth DUI automatically becomes a felony DUI charge. You can face two to six years of prison, three years of parole, and thousands of dollars in fines.

Get Back to Driving After a DUI With Smart Start

In Colorado, both a misdemeanor DUI offense and a felony DUI charge will require you to install an Ignition Interlock in Colorado into your vehicle for a certain amount of time if you plan on driving after your DUI. To get back on the road faster, consider working with Smart Start to quickly, conveniently, and affordably secure an IID for your vehicle.

At Smart Start, we’re committed to providing our customers with easy-to-use, accurate car breathalyzers so they can successfully fulfill Colorado’s Ignition Interlock requirements. Kickstart your installation process by reaching out to us today.

Sources:

1. Driving Laws by Nolo. Colorado DUI/DWAI Laws and Penalties for a First, Second, and Third Offense. https://dui.drivinglaws.org/colorado.php
2. Law Summary. Colorado Drunk Driving Laws. https://leg.colorado.gov/sites/default/files/colorado-drunk-driving-laws.pdf