If you’re facing a 4th DUI in Colorado, this is a serious offense that can lead to a prison sentence of two to six years. Colorado counts all DUI convictions against you, including out-of-state convictions.
A DUI charge is typically a misdemeanor, but if you’ve been convicted of three past DUIs, you face a felony charge for your fourth and subsequent charges.
In August 2017, Colorado Governor John Hickenlooper signed a bill increasing the charges a person faces for repeat drinking and driving. The law closed loopholes in the 2015 DUI law that didn’t require some repeat offenders to serve jail time.
The changes to the law made the 4th DUI carry a mandatory jail sentence. At the time, some offenders only received probation under the law. Changes under the new law require a minimum of 90 days in jail for a fourth or subsequent offense, 48+ hours of community service, and other penalties.
All current penalties are outlined below.
Driving under the influence is a serious criminal penalty with significant consequences for the driver. Prosecutors will pursue felony charges against you, which will remain on your permanent record.
These are base penalties that may be much higher, depending on the circumstances surrounding the offense. A driver that is already on probation, parole, or is out on bail for a felony at the time of the DUI may face prison sentences of 4 to 12 years.
Judges have the discretion to examine the defendant’s case and impose less severe consequences. If the individual is willing to seek out drug and alcohol rehabilitation, it’s possible that the penalties will be lowered.
It’s important to work with a lawyer for any felony charges that you face. A felony will follow you for a lifetime and can impact your ability to find meaningful employment and your right to vote in the future.
Keeping a felony charge from being added to your record is the best-case scenario.
Common defense strategies that can help beat DUI charges in Colorado are:
Charges may also be lowered to a reckless driving charge, or if a past conviction was dropped to a lesser charge, it’s possible to avoid a 4th DUI conviction. Lowering the charge to a DUI-third allows for a far less serious penalty and only a misdemeanor charge versus a felony.
Colorado doesn’t have what’s known as a “washout” period. If you have any prior convictions, they will count against you. The lifetime lookback period stands for:
Priors outside of Colorado will also count in your total prior convictions. Exceptions only exist for juvenile DUIs unless there’s a pending deferred judgment.
Colorado’s DUI and DWAI violations can be confusing to someone who is not well-versed in the law. The definitions and classifications are:
If a driver has a BAC of .20 or higher, they face even more severe penalties due to the extensively high level of alcohol in their blood.
A 4th DUI in Colorado comes with an immediate two-year suspension of license. The driver, if they’re 21 years of age or older, follows these procedures, they can begin driving in as little as one-month:
Anyone that is under the age of 21 will have to wait for a minimum of one year before reinstatement will be considered.
Driving under the influence is a serious offense. In Colorado, you have the right to a DMV hearing and may also be facing a criminal case. A DUI defense attorney can be present during the hearing and will help build a defense for your case.
When you’re charged with a 4th DUI in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. DUI attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, an attorney can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.
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In Colorado, the length of time for your jail sentence will depend on the specifics of your particular case. For most people, a 4th DUI in Colorado will mean jail time from 2-4 years.
A 4th or consecutive DUI conviction will result in felony charges in the state of Colorado. DUI charges can also be elevated to a felony for other aggravating factors such as if someone was killed or seriously injured as a result of the actions of the intoxicated driver.
In the state of Colorado, a DUI will stay on your record for ten years. It is important to remember, however, that Colorado has no official “look-back” period, meaning that even if you get a DUI 11 years after a previous DUI, it will still be considered a subsequent DUI.
