Colorado has three statutes that make driving under the influence of alcohol or drugs a felony crime. These three felony DUI offenses are:
- CRS 42-4-1301 – Fourth-time DUI
- CRS 18-3-205 – DUI causing serious injury
- CRS 18-3-106 – DUI causing death
1. CRS 42-4-1301 – DUI-fourth
A fourth or subsequent DUI is a felony in Colorado, even if no one gets injured. It does not matter if the three prior convictions occurred a long time ago or if they happened outside of Colorado. Nor does it matter if the prior cases were DWAI convictions or DUI per se convictions. A fourth DUI is classified as a class 4 felony. The penalty for this felony DUI conviction includes:- Fines of $2,000 to $500,000; and/or
- A Colorado State Prison sentence of 2 to 6 years
- 90 to 180 days of jail time or 120 days to 2 years in jail through an alternative-sentencing program;
- 48 to 120 hours of community service (“public service”); and
- Level II alcohol and drug education class or treatment program (“DUI School“)
Three common defenses that DUI attorneys use to fight charges include arguing that:
- the breath test or blood test results were inaccurate due to defective equipment or human error;
- the police lacked probable cause to make an arrest, or they administered the field sobriety tests incorrectly; or
- you had a medical condition (such as GERD) that caused falsely-high blood alcohol content (BAC) results.1
2. CRS 18-3-205 – DUI causing serious injury
DUI with serious injury (“DUI vehicular assault”) is when an alcohol-related car crash causes:- Broken bones;
- Permanent disfigurement;
- Second- or third-degree burns; or
- Prolonged loss of normal bodily- or organ function
- Fines of $2,000 to $500,000; and/or
- A prison sentence of 2 to 6 years
3. CRS 18-3-106 – DUI causing death
DUI causing death (“DUI vehicular homicide”) occurs when a drunk driver (or a drugged driver) causes an fatal car crash. It makes no difference if you never had prior DUI arrests. DUI with death is a class 3 felony offense. The punishment is:- Fines of $3,000 to $750,000; and/or
- A prison sentence of 4 to 12 years.
Arrested for being a DUI offender in Denver or elsewhere in Colorado? Call our criminal defense attorneys for legal advice. Our law firm fights to get your DUI case reduced or dismissed while avoiding a driver’s license suspension. Learn more about Colorado’s felony DUI laws. Also see our related articles on ignition interlock devices and work release/alternative sentencing programs.
Legal References
- CRS 42-4-1301 (“Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions, arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as described in section 18-3-106 (1)(b); vehicular assault, as described in section 18-3-205 (1)(b); or any combination thereof.“). See also the new law Colorado Legislature House Bill 15-1043. People v. Tafoya (2019) . People v. Viburg (Colorado Court of Appeals, 2020) .
- CRS 18-2-205 (“Vehicular assault, in violation of subsection (1)(b)(I) of this section, is a class 4 felony.“)
- CRS 18-3-106 (“Vehicular homicide, in violation of subsection (1)(b)(I) of this section, is a class 3 felony.“)
