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When a DUI becomes a felony charge

On Behalf of | Jul 9, 2022 | Drunk Driving |

In most cases, drunk driving is considered a misdemeanor charge in Colorado. However, certain factors can aggravate the charges to a felony, which means you will be facing stiffer penalties if convicted.

What can aggravate a DUI misdemeanor to a felony under Colorado DUI law? 

Three or more convictions

If you have prior convictions, the fourth DUI automatically becomes a felony charge. 

Even if you did not cause an accident or your previous DUI convictions happened several years ago, you can still be charged with a felony offense that will drastically increase your legal danger.

Vehicular assault or manslaughter

If your drunk driving led to an accident where victims suffered extensive bodily injury, like fractures or broken bones, you could face a felony DUI. Vehicular assault is a felony in Colorado. Similarly, if your accident led to death, you will be charged with DUI manslaughter, which is also a felony.

In both these situations, previous charges don’t matter. It means you can still be charged with felony DUI even if you are a first offender.

What’s your best defense against a felony DUI?

While no single defense can be said to be the best, it is possible to defend against the charges against you and avoid a conviction. It all depends on the facts of your case since every DUI is different.

You cannot leave anything to chance, especially when there are aggravating factors to your case. It is advisable to get qualified legal guidance when planning your defense to increase the odds of a successful outcome.


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