For misdemeanor DUI or DWAI sentencing in Colorado, a prior conviction is a conviction to DUI, DUI Per Se, DWAI, Vehicular Homicide, Vehicular Assault, Aggravated Driving After Revocation Prohibited, Driving Under Restraint – Alcohol. A previous unsuccessful deferred judgment and sentence agreement is considered a prior conviction; however, a previous successful deferred judgment and sentence agreement is NOT considered a conviction for misdemeanor DUI/DWAI sentencing.