DUI Felony Or Misdemeanor? Let’s See!

In the state of Colorado, the legal Blood Alcohol Content (BAC) limit for driving under the influence is 0.08%. This means that you can get convicted of a DUI without needing any more evidence if you register a reading of 0.08% or higher.

Most DUI’s Are Misdemeanors

dui a felony or misdemeanor The majority of these convictions are classified as misdemeanor offenses. In the majority of cases, those who are convicted are not sent to prison. However, if the charge is instead classified as a felony with conviction, you can expect to spend time in state prison.

Any first-timers that don’t result in death or related injury will be prosecuted as a misdemeanor. The majority of 2nd or even 3rd-time convictions will also be classified as such. However, every subsequent DUI punishment is likely to be much harsher than the one prior.

The 4th DUI Will Most Likely Be A Felony

If you happen to be charged and convicted with a 4th and/or if you end up hurting someone while driving while under the influence, you can expect to be charged with a felony. The question  “is a dui a felony or misdemeanor” definitely turns felony after the 4th (and subsequent) conviction(s).

If you are charged and convicted with a felony DUI in the state of Colorado, you can expect to be put in jail, have your driver’s privileges revoked, and be tasked with paying thousands in fines. You will also have a permanent criminal record.

Hire The Best DUI Attorney In Colorado Springs To Stay Out Of Jail

This is exactly why you want to ensure you are hiring a Colorado Springs DUI Attorney with a lot of experience handling DUI cases. You want a defense lawyer that is going to help you present the best case. You want someone that is used to going toe-to-toe with state prosecutors if you are charged with a felony.

Is DUI a Felony or Misdemeanor In The State Of Colorado?

As noted above, in the state of Colorado, these charges are typically classified as misdemeanors and not felonies. But getting convicted of a 4th DUI is not the only way a DUI turns into a felony.

You can get charged with a felony if one of the following occurs.

  • You have already had (3) DUIs in the past
  • Your driving under the influence causes someone to get injured or worse
  • You caused an accident that resulted in someone getting injured or worse

What Are The Consequences Of a Felony DUI?

The question is – “is a dui a felony or misdemeanor” and we’ll explore a little deeper on punishment.

Anyone that is charged with a 4th DUI offense and convicted will end up getting charged as a Class 4 felony in the state of Colorado. If you get a 4th conviction, you are likely to expect to receive a 2 to 6-year sentence in state prison with mandatory 3-year parole tacked on. You can also expect to pay fines anywhere ranging from $2,000 to $500,000.

If you do end up getting charged with a 4th DUI, you will likely be treated as a habitual offender. The State will prosecute you to the fullest extent of the law. In the year 2015, a law passed in the state that made a 4th DUI offense to be automatically classified as a Class 4 felony.

Dui A Felony Or Misdemeanor – No Look Back Period

No matter how long ago your last DUI conviction occurred, it will still count against you. While other states may have no “look back” period, Colorado doesn’t. This means that if you had (3) DUI convictions 30 years ago and the (4th) comes 30 years later, you are still going to have that 4th being prosecuted as a felony.

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