All of your previous DUI convictions count as “prior offenses,” even if they occurred out of state or long ago.
In this article, our Denver criminal defense lawyers will address the following key issues regarding fourth DUIs in Colorado:
However, the sentencing range becomes 4 to 12 years if there are “extraordinary aggravating circumstances.” Examples include being on parole, probation, or bond for another felony at the time of the fourth DUI.
When deciding whether to impose prison time, the court will consider:
Your willingness to participate in drug or alcohol abuse rehabilitation; and
Whether alternative penalties may be successful and would not pose an unacceptable public safety risk
If the judge grants probation, you must complete:
90 to 180 days in jail or 120 days to 2 years in jail through an alternative-sentencing program;
90 days of continuous alcohol monitoring;
48 to 120 hours of community service; and
A Level II Alcohol and Drug Education and Treatment Program.1
A fourth DUI carries a 2-year license suspension.
2. Felony Status
If you have three prior DUI-related convictions, the next drunk/drugged driving incident will be prosecuted as a felony DUI in Colorado.2
3. Prior DUIs
Any drunk or drugged driving conviction from your past counts as a prior in Colorado. It is irrelevant how long ago they occurred: There is no “washout” period.
Any of the following five crimes counts as a prior:
It also makes no difference if the prior DUIs occurred in Colorado or other states. If they occurred in other states, they still count as priors, even if they were under different names, such as DWI or OUI.
However, juvenile DUI offenses typically do not qualify as prior convictions. The only exception is if there is still a pending deferred judgment.3
4. License Suspensions
A fourth-time DUI conviction carries a two-year license suspension in Colorado. However, if you are 21 or older, you may resume driving if you:
Secure SR-22 insurance (which will last for three years); and
Take a Level II Alcohol and Drug Education and Treatment Program.
If you are under 21, you would need to wait a year before reinstating your license.4
5. DMV Hearings
To fight a Colorado driver’s license suspension, you can request a DMV hearing. These are like mini-trials, though the only issue is whether you can keep your license.
Your criminal defense attorney can also appear at both your criminal hearings and DMV hearings. Although DMV hearings are challenging to win, they serve as valuable dry runs for the criminal case.
A 4th-time DUI in Colorado can be charged as a Class 4 felony offense.
6. Defenses
How best to combat Colorado DUI charges turns on the specific facts and available evidence. Ten possible ways to fight drunk/drugged driving allegations are:
The police pulled you over with no reasonable suspicion.
You had dental work – such as a bridge – that caused high BAC results;
The police committed misconduct, such as coercing a confession;
You did not begin drinking until after you stopped driving.
A partial defense to DUI-4th charges is that you did not have three prior DUIs. Perhaps a prior DUI charge was reduced to a lesser offense, such as reckless driving (CRS 42-4-1401), preventing it from counting as a prior. Or perhaps court records are too ambiguous to prove that you have three priors.
If you can cast doubt on just one prior DUI, then the charge could be reduced to a DUI-third. This is only a misdemeanor.
7. Record Seals
DUI-4th convictions can never be sealed in Colorado. They remain on your records forever and show up on background checks. That is why it is so important to fight to get the charges reduced or dismissed.
Additional Resources
If you are struggling with alcohol or drug addiction, refer to the following for help:
In this article, our Denver criminal defense lawyers will address the following key issues regarding fourth DUIs in Colorado:
