Is DUI A Felony In Colorado? Felony DUI Laws & Penalties (2026)

If you or a loved one have been arrested for a DUI in Colorado, you may be wondering what penalties you’ll face and how you’ll be charged. Colorado has strict DUI laws, and it’s important to understand what you may be up against if you are charged with this offense. Is DUI a felony in Colorado, or is this crime considered a misdemeanor?

If you’re searching this question, you or someone you care about is likely facing a DUI charge and trying to understand the worst-case scenario. The answer depends heavily on your history. In Colorado, most DUI offenses are misdemeanors, but under specific circumstances defined by C.R.S. § 42-4-1301, a DUI can be charged as a felony carrying state prison time. Understanding which category applies to your situation is critical to knowing what you’re up against.

Is DUI A Felony in Colorado?

In Colorado, DUIs are typically filed as misdemeanors. But under certain circumstances defined by Colorado DUI law, a DUI may be filed and prosecuted as a felony.

A DUI is considered a felony offense if:

• It’s your 4th or more DUI offense
• Your impaired driving caused serious bodily injury to another person (vehicular assault)
• Your impaired driving caused the death of another person (vehicular homicide)

Each of these paths to a felony charge has distinct rules, different penalties, and different defense considerations. The sections below explain each in detail.

When a 4th Offense DUI Becomes a Felony

Colorado’s felony DUI law, enacted in 2015 and codified at C.R.S. § 42-4-1301, makes a fourth or subsequent DUI-related conviction a Class 4 felony. This is sometimes called Colorado’s ‘four strikes’ rule — after three prior convictions, the fourth offense elevates to felony territory regardless of whether the most recent incident involved any accident, injury, or property damage.

A fourth DUI will be charged as a felony even if:

• There were no accidents, injuries, or deaths involved in the most recent incident
• The three prior convictions occurred years or even decades ago — Colorado has no washout period
• The prior convictions happened in another state
• The prior offenses carried different names in those states, such as DWI, OUI, or OWI

What Types of Prior Convictions Count?

Under C.R.S. § 42-4-1301, the following prior convictions all count toward the felony threshold:

• DUI (driving under the influence of alcohol or drugs)
• DUI per se (BAC of 0.08 or higher)
• DWAI (driving while ability impaired)
• Vehicular homicide while DUI or DWAI
• Vehicular assault while DUI or DWAI

The key statutory requirement is that each prior conviction must have arisen from a separate and distinct criminal episode. Multiple charges stemming from the same incident cannot be counted as multiple priors.

What Counts as a Prior DUI Conviction in Colorado?

This is one of the most misunderstood aspects of Colorado’s felony DUI law, and getting it right matters enormously for anyone facing a potential fourth offense. Several nuances affect whether a prior record actually counts toward the felony threshold.

No Lookback Period

Colorado is unusual among states in that it imposes no washout period on prior DUI convictions. A conviction from 15 or 20 years ago counts the same as a conviction from last year. There is no statute of limitations on how far back prior offenses can reach when determining felony exposure.

Out-of-State Convictions

Any DUI-equivalent conviction from any U.S. state or territory counts toward the total. Colorado courts look at the substance of the offense, not the label. A Texas DWI, a Massachusetts OUI, or a Utah DUI will each count as a prior conviction for Colorado felony enhancement purposes.

DUI Causing Serious Bodily Injury – Vehicular Assault

A DUI does not need to be a fourth offense to be charged as a felony. If impaired driving causes serious bodily injury to another person, the offense is charged as vehicular assault under C.R.S. § 18-3-205 — regardless of how many prior DUIs the driver has. Even a first-time DUI offender faces felony charges if someone is seriously injured.

The phrase ‘serious bodily injury’ has a specific legal meaning. Minor injuries — small lacerations, bruising, or mild sprains — generally do not meet the threshold. Courts look for injuries that involve:

• Permanent disfigurement
• Fractures or broken bones requiring medical treatment
• Protracted loss or impairment of a body part or organ
• Loss of consciousness
• Substantial risk of death at the time of the injury

Whether an injury qualifies as ‘serious bodily injury’ is a factual question — and it is a question that can be contested. If a prosecutor overreaches in characterizing injuries as serious, a defense attorney may challenge the felony classification itself.

There is also an important distinction in how these charges are classified depending on the level of impairment:

• Vehicular assault while DUI — Class 4 felony (C.R.S. § 18-3-205)
• Vehicular assault while DWAI — Class 5 felony (C.R.S. § 18-3-205)

The difference between a Class 4 and Class 5 felony can mean years of difference in sentencing — making the specific charge classification a critical issue in any vehicular assault defense.

DUI Causing Death — Vehicular Homicide

When a person dies as a result of an impaired driver’s actions, the charge is vehicular homicide under C.R.S. § 18-3-106. Like vehicular assault, this felony can be charged against a first-time DUI offender — no prior record is required. As with vehicular assault, the specific level of impairment affects the felony classification:

• Vehicular homicide while DUI — Class 3 felony, carrying 4 to 12 years in prison with a 5-year mandatory parole period
• Vehicular homicide while DWAI — Class 4 felony, carrying 2 to 6 years in prison with a 3-year mandatory parole period

Vehicular homicide cases carry the most serious consequences in Colorado DUI law. They also tend to carry significant public attention and prosecutorial pressure. Anyone facing vehicular homicide charges should secure experienced criminal defense representation immediately.

DUI Penalties in Colorado

Felony DUI penalties in Colorado are substantially more severe than misdemeanor penalties. Unlike a misdemeanor conviction that results in county jail time, a felony DUI conviction can mean years in Colorado State Prison, a lengthy mandatory parole period, and fines that reach into the hundreds of thousands of dollars.

1st Offense

• 5 days to 1 year in jail (DUI and DUI per se); 2 days to 180 days (DWAI)
• $600-$1,000 fine (DUI and DUI per se); $200-$500 (DWAI)
• 9-month license suspension for DUI and DUI per se
• Ignition interlock device for 8 months
• 48-96 hours community service for DUI and DUI per se; 24-48 hours public service for DWAI

2nd Offense

• 10 days to 1 year in jail
• $600-$1,500 fine
• 1-year license suspension if the second conviction is within 5 years of the first
• Ignition interlock device for 2-5 years
• 48-120 hours of community service

3rd Offense

• 60 days to 1 year in jail
• $600-$1,500 fine
• Indefinite license suspension (can apply for reinstatement after 2 years)
• Ignition interlock device for 2-5 years
• 48-120 hours of community service

4th Offense – Class 4 Felony

• 2-6 years in Colorado State Prison with a 3-year parole period
• $2,000-$500,000 in fine

If probation is granted, the sentence must include:

• 90-180 days in jail, or up to 2 years in jail through an alternative sentencing program
• 48-120 hours of public service
• Attending alcohol and drug education class

DUI Causing Injury – Class 4 Felony

• 2-6 years in Colorado State Prison with a 3-year parole period
• $2,000-$5,000 in fines

DUI Causing Death – Class 3 Felony

• 4-12 years in prison with a 5-year parole period
• $3,000-$750,000 in fines

For a complete breakdown of how felony DUI sentencing works, including parole conditions and probation eligibility, see our detailed resource on 4th DUI in Colorado and felony DUI in Colorado.

Collateral Consequences of a Felony DUI Conviction

Prison time and fines are the headline penalties — but a felony DUI conviction carries consequences that extend far beyond the sentence itself. These collateral consequences can reshape nearly every aspect of a person’s life and often persist long after the sentence is served.

Loss of Firearms Rights

A Colorado felony DUI conviction results in the permanent loss of the right to possess, purchase, or control firearms under both Colorado state law and federal law (18 U.S.C. § 922(g)(1)). This is one of the most significant and often overlooked consequences of a felony conviction — it applies for life absent a formal restoration of rights.

Impact on Professional Licenses

Nurses, physicians, attorneys, teachers, contractors, real estate agents, and anyone holding a state-issued professional license face potential disciplinary proceedings following a felony DUI conviction. Many Colorado licensing boards are required to consider felony convictions in renewal and revocation decisions. See our in-depth guide to DUI and professional licenses in Colorado for specifics by profession.

Immigration Consequences

For non-citizens, a felony DUI conviction can trigger serious immigration consequences, including removal proceedings, bars to naturalization, and inadmissibility upon re-entry into the United States. These consequences apply regardless of how long a person has been in the country and should be discussed with both a criminal defense attorney and a qualified immigration attorney before any plea decisions are made.

Employment

Colorado is an at-will employment state, meaning employers may terminate employees without cause. A felony appearing on a background check creates significant barriers to employment, particularly in positions requiring professional licenses, security clearances, government access, or work with vulnerable populations. Many employers in regulated industries are required to report felony convictions and may face restrictions on employing convicted felons in certain roles.

Housing and Financial Impact

A felony conviction on a background check can disqualify applicants from rental housing — most property management companies and private landlords run criminal background checks as standard practice. The total financial impact of a felony DUI conviction, including fines, legal fees, increased insurance premiums, ignition interlock costs, and lost income during incarceration, routinely exceeds $30,000. See our breakdown of DUI costs in Colorado for a realistic picture of the financial exposure.

Felon Status and Civil Rights

Beyond the immediate consequences, a felony conviction affects civil rights that most people take for granted — including the right to vote during incarceration and parole, the right to serve on a jury, eligibility to hold certain public offices, and eligibility for certain federal benefits and student loan programs. These restrictions vary depending on the nature of the conviction and the restoration process.

Get Help with a Felony DUI in Colorado

If you or a loved one have been arrested for DUI, you need an experienced DUI lawyer with a track record of success. DUIs have serious consequences that could potentially change your life and financial future.

There are several ways we can fight a DUI charge. We can argue that:

• • The blood or breath test equipment was handled improperly or not working properly;
  • The police did not have probable cause to suspect DUI;
  • The defendant’s medical condition increased blood alcohol content results;
  • Officers did not administer field sobriety tests properly

Don’t try to fight your DUI on your own.

Contact a local DUI attorney for specific questions regarding your case.

Frequently Asked Questions: Felony DUI in Colorado

Is a DUI a felony in Colorado?

In Colorado, most DUI offenses — including first, second, and third offenses — are misdemeanors. A DUI becomes a Class 4 felony when it is a fourth or subsequent offense, when it involves serious bodily injury (charged as vehicular assault), or when it causes the death of another person (charged as vehicular homicide). Under C.R.S. § 42-4-1301, the felony classification applies regardless of how long ago prior DUIs occurred.

Are DUIs felonies now in Colorado?

No new law has made all DUIs felonies in Colorado. First, second, and third DUI offenses remain misdemeanors as of 2026. The felony threshold — a fourth or subsequent offense, or a DUI causing serious bodily injury or death — has been in place since Colorado enacted its felony DUI law in 2015.

What makes a DUI a felony in Colorado?

Three circumstances elevate a DUI to a felony under Colorado law: (1) it is the person’s fourth or subsequent DUI-related conviction, arising from separate and distinct criminal episodes; (2) the impaired driving caused serious bodily injury to another person, charged as vehicular assault; or (3) the impaired driving caused the death of another person, charged as vehicular homicide. DWAI convictions and out-of-state DUI convictions both count toward the total under C.R.S. § 42-4-1301.

How long do you go to jail for a felony DUI in Colorado?

A Class 4 felony DUI — which includes a 4th offense and a DUI causing serious bodily injury — carries 2 to 6 years in Colorado State Prison with a mandatory 3-year parole period if the court imposes a prison sentence. If the court grants probation, there is still a mandatory minimum of 90 to 180 days in county jail. A Class 3 felony DUI causing death carries 4 to 12 years in state prison with a 5-year mandatory parole period.

Do prior DUIs from other states count toward a felony DUI in Colorado?

Yes. Colorado counts DUI convictions from any U.S. state or territory toward the prior offense total under C.R.S. § 42-4-1301. There is no washout or lookback period — a DUI conviction from 20 years ago in another state can still count as a prior when determining whether a current Colorado DUI should be charged as a felony. Out-of-state convictions with different names, such as DWI, OUI, or OWI, also count if they are substantially equivalent offenses.