Along with Maine, Maryland, New Hersey, Pennsylvania, and Rhode Island, the state of Colorado does not enforce a felony DUI charge for multiple DUI convictions. If you cause serious injury or death while driving intoxicated, you may be charged with felony DUI or felony vehicular homicide.
Most other states stipulate that your third or fourth DUI conviction within a certain period of time will automatically enhance your DUI to a felony, yet Colorado will not do so no matter how many previous DUI convictions you may have.
Unless a measure is passed by the Colorado legislature, you first or tenth DUI can be a misdemeanor. A first DUI offense does not even carry any mandated jail time unless your blood alcohol was at least 0.2%. Another DUI within 5 years can result in a jail sentence as little as 10 days. In the end, no one can be sent to jail for longer than one year for DUI.
Accounting for Vehicular Homicide Felonies
A felony will be handed down in all likelihood if you operated a motor vehicle in Colorado under the influence of alcohol and your conduct was the proximate cause of another person's death. Such a crime is known as vehicular homicide and is a Class 3 felony which carries up to 12 years in prison. You could be sentenced to up to 24 years for aggravated vehicular manslaughter if certain aggravating factors were present such as a child was present in the car or there were multiple victims of your accident.
Whether or not Colorado passes a felony DUI bill anytime soon, you will need legal representation from a Denver DUI attorney to make sure you avoid major penalties. Attorney Chris Cessna practices DUI defense exclusively and has been through extensive DUI related legal training.
Call the Law Office of Christopher H. Cessna to begin your DUI defense right away!