We all saw it coming – the new felony DUI law is in full effect and now people are facing years in prison. A Brighton man was recently sentenced to 8 years in prison for his fifth DUI. According to the news release, the 35-year-old man had his two young daughters in the car while he was driving intoxicated. He drove on the wrong side of the road, hit multiple cars, and rand over a mailbox. At the time of his arrest, he was out on bond for his fourth DUI charge. He has yet to be sentenced in that Weld County case. His prior Driving Under the Influence and Driving While Ability Impaired convictions occurred in 1999, 2001, and 2005. Let’s look at the DUI statute to learn more about how a DUI can be charged as a felony.
Greeley DUI Attorney: What is the Definition of Driving Under the Influence?
The Colorado law definition of Driving Under the Influence – C.R.S. 42-4-1301 – is:
Now, in order to be charged with a Driving Under the Influence offense, a person’s BAC must be a .08 or higher. If the BAC is .05 or above but less than .08, it will be charged as a Driving While Ability Impaired (DWAI). When it comes to adding up offenses, both DUI and DWAI convictions will count toward the total number of convictions to allow a person to be charged with a felony level offense.
Weld County DUI Lawyer: How Does the Felony DUI Law Work?
Previously, drinking and driving offenses were charged as a misdemeanor only, no matter how many times a person is charged. Now, after a certain number of convictions, prison time is an option:
| # of Offenses | Penalty Level | Conditions |
| First DUI Offense | Misdemeanor | BAC of .08 or higher |
| Second Drunk Driving Offense | Misdemeanor | BAC of .08 or higher |
| Third Driving Under the Influence of Alcohol Offense | Misdemeanor | BAC of .08 or higher |
| Fourth or Subsequent Driving Under the Influence Offense | Felony | BAC or .08 or higher |
In Weld, Morgan, and Logan County, a felony DUI is charged as a class 4 felony, which is punishable by 2 to 6 years in the Colorado Department of Corrections. The man above was also charged with Child Abuse, which is why his sentence was higher than the maximum penalty for the DUI.
If you or someone you love has been charged with Driving Under the Influence (DUI) in Greeley, Erie, or Ault, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image Source: Pixabay-stevepb