Legally Reviewed by Shazam Kianpour on September 2, 2026
The Denver Broncos knew only part of that coming season’s schedule. They knew which teams they would be paired against, but they did not yet know on which dates the match-ups would occur. The NFL was releasing that information soon, but until then, the Broncos were quietly hoping to face the Kansas City Chiefs in one of the first two games of the 2015 season.
That’s because star Kansas City cornerback Sean Smith was set to be out for at least those first two games. After pleading guilty to a DUI charge, Smith faced a mandatory minimum two-game suspension.
According to media reports, Smith slammed a car into a light pole in downtown Kansas City early the previous summer. Though no one was hurt, the 27-year-old cornerback was arrested for careless driving and driving under the influence of alcohol.
The careless driving charge was later dropped when he agreed to plead guilty to the drunken driving accusation. He was placed on probation for two years as a result of the deal. His team was also without its top defender in its secondary for at least two games.
It was even possible that the league could extend his suspension beyond two games. No extension had been announced, but a new personal conduct policy gave the league the power to stretch out the punishment.
How disappointed would the Broncos be to see the automatic two-game suspension extended by a few more? Not much.
We bring the subject of Smith’s suspension up because it was yet another indicator that the nationwide toughening of laws and rules regarding DUI has continued. Here in Colorado, our legislature has, in the years since, moved to give the state its own felony DUI law.
The tougher the laws and punishments get, the more important it is for defendants to be represented by an attorney with experience in DUI defense.
Colorado’s Felony DUI Law, Explained
The felony DUI law referenced above eventually took effect in Colorado in 2015. Under current Colorado law, a fourth or subsequent DUI conviction is charged as a class 4 felony, which can carry two to six years in prison and fines that can reach hundreds of thousands of dollars. Before that law took effect, even a person with multiple prior DUI convictions could only be charged with a misdemeanor for a subsequent offense.
This change reflects a broader trend across the country, one that professional sports leagues have mirrored with their own conduct policies. A DUI plea, like the one described in this story, can trigger consequences on two separate tracks: a league or employer’s own conduct policy, and the criminal justice system’s escalating penalties for repeat offenses.
How Colorado Defines a “Persistent Drunk Driver”
Separately from the felony DUI statute, Colorado law recognizes a category known as a persistent drunk driver, or PDD. According to the Colorado Department of Revenue’s Division of Motor Vehicles, a person qualifies as a PDD if they have two or more alcohol-related driving convictions, are caught driving after a license suspension tied to an alcohol offense, test at a BAC of 0.15% or higher, or refuse a chemical test.
A PDD designation can apply even on a first DUI arrest if the BAC is high enough, and it carries a mandatory minimum two-year ignition interlock requirement along with Level II alcohol education and treatment. We go into more detail about how these requirements work in our article on how long you may need an ignition interlock device in Colorado after a DUI.
Why Repeat DUI Charges Are Treated So Seriously
Colorado’s escalating penalty structure exists because lawmakers and prosecutors view repeat impaired driving as a heightened public safety concern. Each subsequent DUI conviction brings longer license revocation periods, higher fines, and an increased likelihood of jail or prison time. We cover how these penalties escalate in our breakdown of how serious a third DUI offense can be under current Colorado law.
Because the stakes increase with each prior conviction, the way a case is defended matters even more for someone facing a second, third, or fourth DUI charge. Prior convictions can sometimes be challenged on procedural grounds, and the specific facts of an earlier case can affect how it is treated in a later charge.
What This Means If You Are Facing a Repeat DUI Charge
If you have a prior DUI or DWAI on your record and are now facing a new charge, the consequences you are looking at can potentially be far more severe than what a first-time offender faces. An attorney who understands how prior convictions are counted, how the persistent drunk driver designation is applied, and how the administrative and criminal cases interact can help you understand the options available in your specific situation.
Our attorneys have handled thousands of DUI cases throughout the Denver metro area, including cases involving multiple prior offenses. Reach out through our online contact form to schedule a consultation.
Frequently Asked Questions About Repeat DUI Charges in Colorado
When does a DUI become a felony in Colorado?
A DUI becomes a felony in Colorado on a fourth or subsequent conviction, or when impaired driving causes serious bodily injury to another person. A fourth offense is charged as a class 4 felony, which can carry two to six years in prison.
What is a persistent drunk driver in Colorado?
A persistent drunk driver, or PDD, is someone with two or more alcohol-related driving convictions, someone caught driving after an alcohol-related suspension, someone who tests at a BAC of 0.15% or higher, or someone who refuses a chemical test. This designation can apply even on a first arrest and carries a mandatory two-year ignition interlock requirement.
Do prior DUI convictions from other states count toward Colorado’s repeat offender penalties?
Generally, yes. Colorado courts can count qualifying out-of-state DUI or DWAI convictions when determining whether a current charge should be treated as a second, third, or subsequent offense, which can affect both sentencing and felony eligibility.
Can a professional sports suspension affect a pending criminal DUI case?
A league or employer’s internal conduct policy operates separately from the criminal court process, so a suspension does not directly change the criminal penalties involved. However, any public statements made in connection with a suspension or plea can potentially affect a person’s defense if they are not handled carefully.
Can a repeat DUI charge still be defended?
Yes. Even with prior convictions on record, the facts of the current arrest, including the traffic stop, field sobriety testing, and chemical testing procedures, can still be challenged. In some cases, the validity of a prior conviction itself may also be open to review.
About the Attorney
Founding Attorney, Shazam Kianpour & Associates, P.C.
Shazam Kianpour represents clients facing DUI and criminal charges throughout the Denver area. He and his team focus on scrutinizing the evidence behind an arrest to build the strongest possible defense.
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Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.