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In Colorado, a DUI (Driving Under the Influence) can be classified as either a misdemeanor or a felony, depending on the circumstances of the offense. While most first and second DUI offenses are treated as misdemeanors, a fourth or subsequent DUI—or one involving specific aggravating factors—can result in a felony charge.
This distinction matters because felony DUIs carry much harsher consequences than misdemeanors, including longer jail or prison sentences, heavier fines, and long-term impacts on your criminal record. Understanding how Colorado defines and charges DUI offenses is key to knowing what to expect after an arrest.
In this post, we’ll explore how DUI charges are classified in Colorado, when a misdemeanor can escalate to a felony, what aggravating factors matter, and how state law affects the penalties tied to each classification.
How Colorado Classifies Most DUI Offenses
Under Colorado law, most first-time and second-time DUIs are classified as misdemeanor offenses. This means they are considered serious crimes but are not treated at the same level as felonies.
Here’s how the law generally applies:
- First DUI: Typically a misdemeanor, unless there are aggravating factors such as an injury-causing crash or extremely high BAC.
- Second DUI: Also a misdemeanor, but with mandatory minimum jail time and stricter penalties.
- Third DUI: Still treated as a misdemeanor under most circumstances, although the penalties increase significantly.
Each misdemeanor DUI in Colorado can carry consequences such as jail time (ranging from 5 days to 1 year), fines, probation, community service, and license suspension. While these penalties are serious, they are still considered part of the state’s misdemeanor classification.
However, if a person reaches a fourth DUI, or if someone is injured or killed as a result of the DUI, the charge can escalate to a felony, with significantly more severe outcomes.
When Does a DUI Become a Felony in Colorado?
A DUI becomes a felony in Colorado under certain specific conditions. The most common pathway is through repeat offenses—specifically, a fourth DUI or more, regardless of how long ago the previous offenses occurred.
Here are the primary situations where a DUI is charged as a felony:
1. Fourth or Subsequent DUI
If you have three or more prior DUI-related convictions (including DWAI or out-of-state equivalents), a new offense is automatically charged as a Class 4 felony. This law applies even if the current incident involves no injuries, accidents, or high BAC.
2. DUI Involving Serious Bodily Injury
If a DUI results in another person suffering serious bodily injury, the offense may be charged as vehicular assault, which is a Class 4 felony.
3. DUI Resulting in Death
If a DUI causes the death of another person, it is considered vehicular homicide, a Class 3 felony, and one of the most serious charges under Colorado DUI law.
Once a DUI becomes a felony, the stakes are significantly higher. Felony convictions include prison time, permanent criminal records, and long-term consequences that extend far beyond the courtroom.
Penalties for Misdemeanor vs Felony DUI in Colorado
The penalties for DUI in Colorado vary widely depending on whether the offense is a misdemeanor or a felony. Here’s a comparison of the two classifications:
Misdemeanor DUI Penalties:
- Jail Time: 5 days to 1 year (depending on offense number and BAC)
- Fines: $600 to $1,500
- Probation: Up to 2 years
- Community Service: 48 to 120 hours
- Alcohol Education: Mandatory Level II alcohol education and therapy
- License Suspension: 9 months to 2 years
- Ignition Interlock: Required for early reinstatement or high BAC cases
Felony DUI Penalties:
- Prison Time: 2 to 6 years (Class 4 felony, with possible parole periods)
- Fines: $2,000 to $500,000
- Mandatory Parole: 3 years following prison sentence
- Permanent Criminal Record: Not eligible for sealing or expungement
- Loss of Civil Rights: Including firearm ownership, voting (during incarceration), and professional licensing impacts
- Extended License Revocation: Often multiple years, with strict conditions for reinstatement
The transition from misdemeanor to felony significantly increases both legal and personal consequences. Felony DUI convictions follow individuals for life, affecting employment, housing, and legal status in ways that misdemeanor convictions may not.
How Prior DUI Convictions Are Counted in Colorado
In Colorado, the determination of whether a DUI is charged as a felony often depends on your DUI history. The state uses a lifetime lookback period, meaning that all prior DUI convictions count, no matter how long ago they occurred.
This includes:
- DUI and DWAI convictions in Colorado
- DUI convictions in other states, if considered equivalent under Colorado law
- Convictions for related offenses, such as vehicular assault or vehicular homicide due to alcohol use
The courts maintain access to both in-state and out-of-state driving and criminal records. Even if prior offenses were treated leniently, they can count toward the total used to elevate a fourth DUI to a felony.
This lifetime count emphasizes the importance Colorado places on DUI enforcement and its goal of deterring repeat behavior.
Aggravating Factors That Can Affect DUI Classification
While a DUI may start as a misdemeanor, aggravating factors can increase the penalties—or in some cases, push the charge toward felony territory. These factors signal greater risk to public safety and often result in harsher sentences.
Common aggravating factors include:
- Extremely high BAC (0.15% or higher)
- Refusal to submit to chemical testing
- Driving with a child passenger
- Involvement in a crash causing injury or death
- Driving on a suspended or revoked license
- Prior DUI convictions (especially recent ones)
- Reckless or dangerous driving behavior
Even if these factors don’t raise the charge to a felony on their own, they may result in maximum penalties being imposed within the misdemeanor range. Judges have limited flexibility when these elements are present and often impose stricter probation and monitoring requirements.
Differences in Arrest and Sentencing for Felony DUI
Felony DUI cases in Colorado are handled differently than misdemeanor cases from the moment of arrest. Law enforcement, prosecutors, and judges treat felony DUI cases with a higher level of scrutiny and urgency.
Here’s how the process differs:
- Booking and Bail: Felony DUI offenders are more likely to face higher bail or no bail at all, especially if the arrest involved injury or prior felony history.
- Court Procedures: Felony charges go through preliminary hearings, arraignment, and often jury trials, while misdemeanor DUIs may be resolved through plea deals or expedited processes.
- Sentencing Range: Felonies involve mandatory prison sentences, with limited options for probation or alternative sentencing.
- Post-Conviction Monitoring: Felony DUI offenders are usually subject to parole instead of probation and may face post-release restrictions for years.
A felony DUI conviction can also lead to permanent consequences such as difficulty finding employment, restrictions on professional licensing, and denial of housing applications.
FAQ About DUI Classifications in Colorado
Is a first DUI in Colorado a felony?
No. A first DUI is usually a misdemeanor, unless it causes serious injury or death.
How many DUIs before it becomes a felony in Colorado?
A fourth DUI or more is automatically charged as a Class 4 felony, regardless of when the previous offenses occurred.
Can a second DUI be a felony?
Not usually. A second DUI is generally treated as a misdemeanor, but aggravating factors may increase penalties.
Is DUI causing injury a felony in Colorado?
Yes. If a DUI results in serious bodily injury, it may be charged as vehicular assault, a Class 4 felony.
Can a DUI be a felony without an accident?
Yes. A fourth DUI, even without an accident, is automatically a felony in Colorado.
Are felony DUI records permanent?
Yes. Felony DUI convictions are permanent and cannot be sealed or expunged under current Colorado law.
Does out-of-state DUI history count in Colorado?
Yes. Colorado recognizes DUI convictions from other states when calculating whether a new DUI qualifies as a felony.
Conclusion
In Colorado, whether a DUI is a felony or a misdemeanor depends on the number of prior offenses and the presence of certain aggravating circumstances. While most first, second, and even third DUIs are classified as misdemeanors, a fourth DUI—or one involving injury or death—automatically becomes a felony, with serious, long-term consequences.
Understanding the distinction between these classifications helps clarify what someone may face after a DUI arrest in Colorado. For repeat offenders or those involved in more severe cases, the escalation from misdemeanor to felony changes everything—from sentencing to life after conviction.
To explore how DUI laws vary by state and how they impact legal outcomes, read our full guide: State By State DUI Laws.
For deeper insight into how state law affects arrests and penalties, visit How State DUI Laws Affect Arrests and Penalties.