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720-445-9887A fourth or subsequent qualifying DUI can change the stakes significantly. In Colorado, DUI, DUI per se, or DWAI can become a class 4 felony when the current offense follows three or more qualifying prior convictions arising from separate and distinct criminal episodes.
If you are facing felony DUI charges in Denver, the Law Office of Kevin Cahill can help you understand how your prior record affects the case, what prosecutors must prove, and what defense options may be available. Kevin personally handles his clients’ cases and represents people facing serious DUI charges in Denver and throughout Colorado.
Felony DUI cases involve more than the evidence from the current traffic stop. Prior convictions can be central to whether the prosecution can establish the felony charge at all. You may also be dealing with separate Colorado DMV consequences affecting your ability to drive.
When you hire the Law Office of Kevin Cahill, you work directly with Kevin. He reviews the evidence, evaluates the prior convictions prosecutors are relying on, explains your options, and handles the case from beginning to end.
Felony DUI charges call for careful preparation. Depending on the evidence, that can mean challenging aspects of the current DUI case, examining whether the prosecution can establish the required prior convictions, negotiating when an appropriate resolution is available, or preparing the case for trial.
You can review examples of Kevin’s past work on our case results page. Past results do not guarantee the outcome of a future case.
Most DUI and DWAI charges in Colorado are misdemeanors. Under Colorado law, however, DUI, DUI per se, or DWAI is a class 4 felony when the current violation occurs after three or more qualifying prior convictions arising from separate and distinct criminal episodes.
There is no general requirement that the qualifying convictions occurred within a short lookback period. If you have three or more qualifying prior convictions from separate criminal episodes, another DUI, DUI per se, or DWAI can be charged as a class 4 felony.
The prior convictions that may count can include qualifying convictions for DUI, DUI per se, DWAI, vehicular assault involving impaired driving, vehicular homicide involving impaired driving, or a combination of qualifying offenses.
A felony DUI case is different from an ordinary misdemeanor DUI because the prosecution must address both the current impaired-driving allegation and the prior convictions required for felony treatment.
Qualifying convictions from other jurisdictions can potentially count toward Colorado’s felony DUI threshold. Whether a particular out-of-state conviction qualifies depends on the conviction and applicable Colorado law.
That makes a careful review of the prior record important. A Denver felony DUI attorney can examine what convictions prosecutors intend to rely on and whether those convictions satisfy the requirements for felony treatment.
A DUI involving serious bodily injury or death is different from felony DUI based on prior convictions. When impaired driving allegedly causes serious bodily injury, prosecutors may pursue vehicular assault. When impaired driving allegedly causes a death, prosecutors may pursue vehicular homicide.
Those are separate felony offenses with their own elements and potential penalties. A person may face one of those charges regardless of whether they have the three prior convictions required for felony DUI.
A felony DUI conviction can carry substantially greater consequences than a misdemeanor DUI. The potential sentence and long-term effects make it important to understand what is actually at stake before making decisions about the case.
Felony DUI based on the required prior convictions is a class 4 felony. Colorado’s presumptive sentencing range for an ordinary class 4 felony includes 2 to 6 years in prison and fines of $2,000 to $500,000, although DUI-specific sentencing provisions can affect how a court sentences an individual case.
Probation may be available in some felony DUI cases, but Colorado imposes specific requirements when a person convicted of felony DUI receives probation, including mandatory periods of incarceration and treatment-related conditions.
The actual sentence depends on the circumstances, criminal history, applicable sentencing provisions, and decisions made by the court.
A felony DUI case can also involve a separate Colorado DMV process. The administrative driver’s license case is distinct from the criminal prosecution and may begin shortly after an arrest.
Depending on whether the case involves a breath test, blood test, or refusal, the procedure and deadline for requesting a DMV hearing can differ. In breath-test and refusal cases, the deadline can be as short as seven days. Blood-test cases generally follow a different notice procedure after the DMV receives the test result.
Repeat DUI history can also affect the length of a driver’s license restraint and the requirements for reinstatement. Depending on the person’s record and the type of restraint, reinstatement may involve ignition interlock, insurance documentation, treatment requirements, and other DMV conditions.
For more information about the administrative side of a DUI case, see our page on restoring driving privileges after DUI.
A felony DUI conviction can affect more than incarceration and driving privileges. Depending on your circumstances, consequences may involve:
The consequences are not identical for everyone. A felony DUI lawyer can help you identify which issues may matter in your situation.
Felony DUI defense can involve two important questions: whether prosecutors can prove the current DUI or DWAI allegation and whether they can establish the qualifying prior convictions required for felony treatment.
Many of the defense issues that arise in a misdemeanor DUI case can also matter in a felony DUI prosecution. Depending on the evidence, Kevin may examine:
A felony classification does not eliminate the prosecution’s obligation to prove the current impaired-driving offense.
The prior-conviction component deserves particular attention in a felony DUI case. Kevin can examine the records prosecutors intend to use and whether the convictions qualify under Colorado law.
Issues may include:
This is one reason felony DUI defense differs from the defense of an ordinary first-offense DUI.
Depending on the evidence, criminal history, and prosecution’s position, negotiation may be one possible path. The appropriate goal depends on the individual case rather than a predetermined outcome.
Kevin can explain any offer, the consequences of accepting it, and the risks and potential benefits of continuing to litigate the case. The decision about how to proceed belongs to you after you understand the available options.
If the case cannot be resolved on acceptable terms, trial may be appropriate. Trial preparation can involve challenging the current DUI evidence as well as addressing the prosecution’s proof concerning the prior convictions.
Kevin prepares each case based on its facts rather than assuming that a repeat DUI allegation automatically proves felony guilt.
The Law Office of Kevin Cahill also handles misdemeanor DUI and DWAI cases, but felony DUI presents additional issues that make the defense more complex.
A standard DUI case generally focuses on the current incident: the traffic stop, observations of impairment, field sobriety testing, chemical testing, and related evidence. A felony DUI case can require all of that analysis plus a detailed examination of the defendant’s prior qualifying convictions.
The felony classification also changes the potential sentencing exposure and long-term consequences. If you are facing a broader felony allegation in addition to DUI, you can learn more about Kevin’s Colorado felony defense practice.
A current DUI, DUI per se, or DWAI is generally a class 4 felony when it occurs after three or more qualifying prior convictions arising from separate and distinct criminal episodes. Whether the prior convictions qualify should be evaluated based on the actual record.
Colorado’s felony DUI provision does not impose a general short lookback period for the three qualifying prior convictions. Older qualifying convictions may therefore matter.
It can. Qualifying convictions from other jurisdictions may be considered, but whether a particular conviction satisfies Colorado’s requirements depends on the offense and record.
Not in the same sense as Colorado’s repeat-offender felony DUI provision. When impaired driving allegedly causes serious bodily injury, prosecutors may pursue the separate felony offense of vehicular assault.
When impaired driving allegedly causes another person’s death, prosecutors may pursue vehicular homicide. That is a separate felony offense from felony DUI based on prior convictions.
Felony DUI is a class 4 felony. The presumptive range for an ordinary class 4 felony includes 2 to 6 years in prison and fines of $2,000 to $500,000, although DUI-specific sentencing provisions and the facts of the case can affect the sentence.
Probation may be available in some felony DUI cases, but Colorado law imposes specific conditions when a person convicted of felony DUI is sentenced to probation, including mandatory incarceration and treatment-related requirements.
A DUI arrest can trigger separate DMV consequences in addition to the criminal felony case. The length and type of driver’s license restraint depend on the circumstances, testing or refusal issues, and prior driving history.
No. The procedure depends on how the license action begins. Breath-test and refusal cases can involve a seven-day deadline, while blood-test cases generally involve notice from the DMV after test results are received. Review any DMV paperwork promptly.
A lawyer can examine whether the prosecution can establish the qualifying prior convictions required for felony DUI. Potential issues may involve the records themselves, identification, whether an offense qualifies, whether the convictions arose from separate criminal episodes, and how an out-of-state conviction is treated under Colorado law.
If you are facing a felony DUI charge, your prior record, the evidence from the current arrest, and the separate driver’s license process can all affect what happens next. You need to know what prosecutors can prove and what options are realistically available.
At the Law Office of Kevin Cahill, you work directly with Kevin. He personally reviews the current DUI allegations, the prior convictions being used to support the felony charge, and the evidence that may affect your defense.
Kevin represents clients facing felony DUI charges in Denver and throughout Colorado. Our law office can also help with related DUI defense and felony criminal defense matters.
If you have been arrested or charged with felony DUI, contact the Law Office of Kevin Cahill to schedule a consultation.