From Misdemeanor to Felony
Currently is a person is convicted of driving under the influence (DUI) of alcohol, drugs, or a combination of both alcohol and drugs, that is classified as a misdemeanor conviction. Under the Colorado felony DUI law, certain DUI’s are classified as a felony. It is important to know that DUI’s are serious and can affect your future.
Four Strikes And You're Out
If a person has three prior DUI’s in their lifetime and is accused of fourth, the fourth offense will be charged as a class four felony and that person can be sentenced up to six years in the Colorado Department of Correction followed by a mandatory period of parole. It is also important to understand that a person with two prior DUI’s in seven years is also at risk with being charged with a class four felony. In addition to two prior DUI’s in seven years, one of four other factors must also be present. It must be proved that one of more persons less than eighteen years of age was present in the vehicle, or, in committing the offense, the person caused damage or injury to person or property, or after driving under the influence, the person fled the scene, or within two hours of driving the person’s B.A.C. was .15 or higher. If one of those four factors exist on a third offense in seven years, the person will be charged with a class four felony and face the penalties discussed above. You may be thinking, I would never get a fourth or even a third DUI in a short period of time. That is true that you may never have a DUI in Colorado Springs or perhaps one time, but you learned your lesson. However, it should be noted that this law will affect all DUI’s. This law can be seen as taking a much harder stance on DUI’s and may lead to more severe penalties even for first and second offenses. Also, I have clients on their third and fourth offenses who never thought they would be in that situation.
Experienced Colorado Springs DUI Attorney
Needless to say, anytime you are charged with a DUI, get the help of a Colorado Springs DUI attorney who knows the system and can help you navigate the ever increasing complexity of the law. Do not get yourself in a situation where you without representation. Law enforcement has promised increased DUI enforcement this summer, so be wise and do not drink and drive. This law represents a greater crack down on those who endanger other by driving under the influence of alcohol and drugs. Be smart and avoid even getting close to the line. If you find yourself in the unfortunate situation where you face severe penalties, please contact James Newby, an experienced and highly qualified criminal defense attorney at (719) 578-3322 or click HERE to contact James by email.