A DUI charge in Colorado can mean very different things depending on your history and the circumstances of the arrest — and the gap between a misdemeanor and a felony is the difference between a fine and years in prison. If you or someone you know is facing a DUI charge, understanding where that charge falls on the legal spectrum is one of the most important first steps you can take.
At Shazam Kianpour & Associates, our team has over 35 years of combined experience defending clients against DUI and DWAI charges throughout the Denver metro area and across Colorado. If you have questions about your charge and what it may mean for your future, our Denver DUI/DWAI attorneys are available 24 hours a day to help you make sense of what you are facing.
Most DUI Charges in Colorado Start as Misdemeanors
Under Colorado law, a first, second, or third DUI offense is typically charged as a misdemeanor. That does not mean the consequences are minor, but it does mean you are not facing state prison time on a first offense. According to the Colorado Department of Transportation, there were 16,220 DUI cases filed in the state in 2024 alone, and the vast majority of those began as misdemeanor charges.
First DUI Offense
A first-time DUI in Colorado carries up to one year in jail, fines between $600 and $1,000, a license revocation of up to nine months, and mandatory alcohol education or treatment. While jail time is possible, many first-time offenders receive probation with conditions, especially with the right legal representation.
Second DUI Offense
A second DUI offense brings mandatory minimum jail time of 10 days, fines up to $1,500, and a minimum one-year license revocation. Courts take repeat offenses seriously, and the presence of a prior DUI conviction on your record can limit a judge’s flexibility at sentencing.
Third DUI Offense
A third offense remains a misdemeanor in most cases but carries a mandatory minimum of 60 days in jail, increased fines, and a longer license revocation period. At this stage, you are also at serious risk of being labeled a persistent drunk driver, which triggers additional penalties including mandatory ignition interlock device requirements.
Even misdemeanor DUI convictions carry lasting consequences. A conviction on your record can affect employment, professional licenses, and your ability to rent housing. Speaking with our Denver DUI lawyers as early as possible gives your defense the best chance of a favorable outcome.
When Does a DUI Become a Felony in Colorado?
Colorado elevated certain DUI offenses to felony status in 2015, and a fourth or subsequent DUI conviction is now automatically charged as a Class 4 felony under Colorado Revised Statute § 42-4-1301. This applies regardless of when prior offenses occurred — convictions from years or even decades ago still count toward the threshold.
A felony DUI conviction in Colorado can result in the following:
- Prison time: 2 to 6 years in the Colorado Department of Corrections
- Fines: Between $2,000 and $500,000
- Mandatory parole: 3 years following release from prison
- Permanent record: A felony conviction that affects employment, housing, voting rights, and firearm possession
These consequences are life-altering, and a felony DUI requires an aggressive and strategic defense. Our team at Shazam Kianpour & Associates understands how Colorado courts handle these cases and what it takes to challenge the prosecution’s evidence effectively.
Other Circumstances That Elevate a DUI to a Felony
A fourth offense is not the only path to a felony charge. Colorado law also treats DUI as a felony in two other significant situations.
Vehicular Assault
If you are arrested for DUI and the incident caused serious bodily injury to another person, you may be charged with vehicular assault, a Class 4 felony, regardless of whether it is your first DUI offense. A conviction carries 2 to 6 years in prison and a minimum of $2,000 in fines.
Vehicular Homicide
A DUI that results in the death of another person may be charged as vehicular homicide, one of the most serious charges that can arise from a DUI arrest. Depending on whether recklessness or criminal negligence is alleged, this charge can range from a Class 3 to a Class 4 felony, with potential prison sentences of up to 12 years.
These distinctions matter enormously when building a defense. Our attorneys examine every aspect of how charges are filed, what evidence was collected, and whether proper procedures were followed. If you have been charged with a DUI involving injury or death, connecting with our traffic violations defense team immediately is critical.
Contact Shazam Kianpour & Associates for DUI Defense in Denver
Whether you are facing a misdemeanor DUI or a felony charge, the strength of your defense can shape the outcome of your case in ways that affect the rest of your life. Our attorneys at Shazam Kianpour & Associates have resolved well over 20,000 criminal and traffic cases, and our team has been recognized by the National Trial Lawyers and Super Lawyers for our work in criminal and DUI defense. We bring former prosecution experience and decades of courtroom knowledge to every case we take on.
Our team offers free initial consultations and is available around the clock, because we know that when you need a defense attorney, you cannot afford to wait. If you or someone you know has been charged with a DUI in Colorado, reach out to our office through our online contact form to get started today.