A DUI charge can turn your life upside down, but not all DUI cases are the same. In Colorado, a DUI can be classified as either a misdemeanor or a felony, depending on the circumstances. Understanding the differences between the two is critical if you're facing charges.
The penalties for a felony DUI are much more severe, including prison sentences, higher fines, and lifelong consequences. Having a knowledgeable and responsive criminal defense lawyer by your side can make a huge difference in how your case is handled.
A strong legal defense can mean the difference between a misdemeanor charge and a felony conviction. Turn to The Leier Law Office LLC in Fort Collins, Colorado, for more information on DUI types. Read on to learn more.
What Qualifies as a Misdemeanor DUI in Colorado?
A first, second, or even third DUI offense in Colorado is classified as a misdemeanor. However, even a misdemeanor DUI carries serious consequences, including jail time, fines, and license suspension.
Penalties for a Misdemeanor DUI in Colorado
First offense: Up to 1 year in jail, fines up to $1,000, license suspension for 9 months, and mandatory alcohol education.
Second offense: 10 days to 1 year in jail, fines up to $1,500, license suspension for 1 year, and mandatory alcohol education and treatment.
Third offense: 60 days to 1 year in jail, fines up to $1,500, license suspension for 2 years, and mandatory alcohol treatment.
While misdemeanor DUI charges don’t carry the same weight as felony DUIs, they still come with serious repercussions. Even one conviction can impact employment, insurance rates, and personal freedoms.
When Does a DUI Become a Felony in Colorado?
Colorado law treats certain DUI cases as felonies due to aggravating factors. A DUI is charged as a felony if:
It’s your fourth DUI offense – Regardless of when or where prior DUIs occurred, a fourth offense is automatically a felony.
The DUI involves serious injury – If someone else is seriously injured due to impaired driving, the charge becomes a felony vehicular assault.
The DUI involves a fatality – If a DUI results in another person's death, it's considered vehicular homicide, one of the most serious DUI-related felonies.
Penalties for a Felony DUI in Colorado
Fourth DUI offense: Class 4 felony, up to 6 years in prison, fines up to $500,000, and parole upon release.
DUI with serious bodily Injury: Class 4 felony, 2 to 6 years in prison, up to $500,000 in fines, and parole upon release.
DUI resulting in death (vehicular homicide): Class 3 felony, 4 to 12 years in prison, fines up to $750,000, and a permanent felony record.
The consequences of a felony DUI are life-altering, which is why having a criminal defense lawyer is critical to fighting these charges.
Defense Strategies for DUI Charges
Regardless of whether you’re facing a misdemeanor or felony DUI, an experienced criminal defense lawyer will analyze the details of your case and build a strong defense. Common defense strategies include:
Challenging the traffic stop: Law enforcement must have reasonable suspicion to pull you over. If your rights were violated, evidence may be thrown out.
Questioning the field sobriety tests: Field sobriety tests are subjective and often flawed. Poor lighting, medical conditions, or improper administration can result in inaccurate results.
Disputing breathalyzer or blood test accuracy: Testing devices must be properly calibrated and administered. If there’s an error, your BAC results may be unreliable.
Arguing rising BAC levels: Alcohol takes time to absorb into the bloodstream. If you were tested long after driving, your BAC may have increased, creating misleading results.
Proving lack of control over the vehicle: If you weren’t actually driving the vehicle, prosecutors may have trouble proving DUI charges.
A strong legal defense can lead to reduced charges, dismissed cases, or alternative sentencing options.
What to Do If You’re Facing a DUI Charge
If you're charged with a DUI in Fort Collins, Loveland, Greeley, Windsor, or Evans, taking immediate action is crucial. Follow these steps to protect your rights:
Remain silent: Do not admit fault or answer questions without legal representation.
Request a criminal defense lawyer: The sooner you contact a lawyer, the better your chances of building a solid defense.
Document everything: Take note of where and when you were pulled over, what the officer said, and any other relevant details.
Avoid discussing your case: Don’t post about your arrest on social media or discuss it with friends or coworkers.
Frequently Asked Questions About DUI Charges in Colorado
Is A First-Time DUI A Felony In Colorado?
No, a first-time DUI is typically a misdemeanor unless it involves serious injury or death.
Can A DUI Be Reduced To A Lesser Charge?
Yes, depending on the circumstances, a lawyer may negotiate for a plea deal, reducing the charge to another lesser offense.
How Long Does A DUI Stay On My Record?
In Colorado, a DUI conviction remains on your record permanently and cannot be expunged.
Will I Lose My Driver’s License for a DUI?
Yes. Even for a first offense, your license may be suspended for at least 9 months. Repeat offenses result in longer suspensions.
What Are the Costs Associated with a DUI Conviction?
A DUI conviction can cost thousands of dollars in fines, legal fees, increased insurance rates, and mandatory alcohol education programs.
Can I Refuse a Breathalyzer Test?
Colorado has an express consent law, meaning refusing a chemical test results in an automatic one-year license suspension, but Colorado residents can reinstate with an interlock device in their vehicle after 60 days of no driving.
Does a DUI Affect Employment?
Yes. A DUI conviction can make it harder to get jobs, especially those requiring driving or a clean criminal record.
How Soon Should I Contact a Lawyer After a DUI Arrest?
Immediately. The sooner you have legal representation, the better your chances of fighting the charges.
Contact a Criminal Defense Lawyer in Fort Collins Today
Facing a DUI charge—whether misdemeanor or felony—can be overwhelming, but you don’t have to go through it alone. Our dedicated criminal defense lawyer in Fort Collins can fight for your rights and work toward the best possible outcome.
Serving Loveland, Greeley, Windsor, Evans, and beyond, we’re here to provide the defense you need. Reach out to us at The Leier Law Office LLC to discuss your case and take the first steps.
