In a nutshell, there are two main categories where a DUI case can fall into—misdemeanor and felony. A person can be charged and convicted with a misdemeanor DUI if it is their first, second, or third time getting caught. But when does a DUI become a felony in Colorado? Here’s what you need to know.


On a person’s fourth DUI offense, the case may instead be filed as a class 4 felony. The upgraded charge can be made if there is proof any three prior DUI-related convictions such as the following:


  • DUI Per Se
  • DWAI
  • Vehicular Assault
  • Vehicular Homicide



It also wouldn’t matter if the previous offenses happened outside of the state since the Colorado court counts all prior DUI convictions within the US.


However, there are instances where a first, second, or third offense is automatically raised to a class 4 felony DUI instead of a misdemeanor such as cases where someone was seriously injured, or worse, killed during the incident.



Felony DUIs bear tougher consequences compared to misdemeanor DUIs. The fines under Felony DUI can range from 4 to 6 figures and the offender may be sentenced to 2 to 6 years in prison.


If the court grants probation, the offender may spend 90 to 180 days in jail or 120 days up to 2 years in jail through an alternative-sentencing program. They will also be required to complete 48 to 120 hours of community service and finish a level II alcohol and drug education program.


Turn to Maher & Maher Law, PC

If you are charged with felony DUI, don’t hesitate to call an experienced DUI lawyer right away. At Maher & Maher Law, PC we have great DUI attorneys that can handle DUI-related cases and more. Call us today at (719) 301-7500 for a free consultation.