What Is a Felony DUI in Colorado?

Aggravating factors that can make a drunk driving charge a felony.

In Colorado, you can be charged with driving under the influence (DUI) for operating a vehicle with a blood alcohol concentration (BAC) of .08% or more or while under the influence of (impaired by) drugs or alcohol. Most DUI convictions are misdemeanor criminal offenses. However, certain aggravating factors can make a DUI a felony, a much more serious crime.

Here are some of the circumstances that can result in felony DUI charges in Colorado.

Fourth DUI Conviction Is a Felony

For most first, second, and third DUIs in Colorado, an offender will be facing misdemeanor charges. But when an offender has three or more prior DUI convictions, the current offense generally can be charged as a class 4 felony. A class 4 felony generally carries two to six years in prison and at least $2,000 in fines. However, if the judge grants probation, the offender will typically spend less than two years in jail.

Felony Charges for DUIs Involving Injuries and Deaths

An intoxicated motorist who causes serious injury to another person can be charged with vehicular assault, a class 4 felony. A conviction can result in two to six years in prison and a minimum of $2,000 in fines.

Causing the death of another person while driving under the influence is considered vehicular homicide. Convicted motorists are looking at a class 3 felony, which carries four to 12 years in prison and at least $3,000 in fines.

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