Legally Reviewed by Shazam Kianpour on August 25, 2026
When a driver with prior DUI convictions in one state is arrested for a new DUI in another state, prosecutors often have to decide whether the out-of-state convictions count toward that state’s repeat-offender penalties. The answer depends on how closely the two states define and punish drunk driving, and it can change how severe a sentence ends up being.
That exact question came up in a case involving a driver with prior DUI convictions in both Colorado and Montana, following his eighth DUI arrest.
The Case That Raised the Question
A Montana man’s previous convictions for driving under the influence in Colorado may influence his sentencing, following his eighth DUI arrest in another state. The man was pulled over after passing a police officer at a reported speed of 51 miles per hour in an area zoned at 35 mph.
Upon pulling the driver over, the officer reported detecting alcohol on his breath. After being questioned by the officer, the man admitted to having drunk three beers at a local bowling alley before getting behind the wheel. After failing a field sobriety test, the man was arrested and taken to jail, where his blood alcohol level was determined to be 0.176, well above the legal limit for driving.
The man initially bonded out of jail and appeared in court the following day. However, the justice of the peace remanded him back to jail on a higher bond.
This is where matters become a bit more complicated. The man has prior DUI arrests on his record; three from Colorado and four from Montana. In the state of Montana, fourth and subsequent DUIs are considered felony offenses. At this point, it is unclear whether or not the man’s DUIs from Colorado will be counted against him in his DUI total. If so, his sentencing could be significantly more severe than otherwise. The senior deputy county attorney indicated that for the Colorado DUIs to count toward his record, the statutes of the two states would have to be significantly similar. Either way, the latest offense will be considered a felony, but if it is considered his eighth felony, that may change the sentencing significantly.
It is a vital part of the criminal justice system for all who are accused to be given the opportunity of a proper defense. Regardless of the nature of your charges, the representation of an experienced criminal defense attorney can help ensure that you are treated fairly in the eyes of the law.
Source: missoulian.com, “Judge sends man back to jail after his eighth DUI,” Kasey Bubnash, July 25, 2016
How States Decide Whether Out-of-State DUI Convictions Count
Every state writes its own definition of driving under the influence, and those definitions are not identical from one state to the next. Before a prosecutor can add an out-of-state conviction to someone’s record for sentencing purposes, the court generally has to compare the elements of the out-of-state offense to the elements of a DUI under the current state’s law. If the two statutes are substantially similar, the prior conviction can typically be counted. If they diverge in a meaningful way, such as a different blood alcohol threshold or a different definition of impairment, a court may decline to count it.
This comparison is not automatic, and it is not always straightforward. It can turn on the specific wording of the statute in place at the time of the earlier conviction, on how the case was originally charged, and on whether the paperwork from the earlier case is even available. Because the outcome can shift a case from a lower-level offense to a felony, or from a felony with a shorter sentencing range to one with a much longer range, how this issue gets litigated matters a great deal to the person facing the newer charge.
How Colorado Treats Repeat DUI Offenses
Colorado has its own framework for counting prior offenses. A conviction for driving under the influence, DUI per se, or driving while ability impaired can be used to enhance the penalties on a later Colorado DUI charge, and a fourth or subsequent DUI-related conviction can be charged as a felony under Colorado’s felony DUI law. Prior convictions from other states can also be considered when a Colorado court is deciding how to sentence someone on a new Colorado DUI, again subject to the same kind of comparison between the two states’ laws described above.
Because the rules for counting priors vary depending on where the earlier convictions came from and how they were charged, anyone facing a repeat DUI allegation in Colorado benefits from having an attorney review the full criminal history in detail before assuming how a case will be scored.
Why This Matters Beyond the Headline Number
A person’s DUI count is not just a statistic attached to a case file. It can determine:
- Whether the charge is a misdemeanor or a felony, which affects the potential sentencing range.
- Whether mandatory minimum sentencing provisions apply, which can limit a judge’s discretion.
- What bond conditions and pretrial restrictions a court imposes while the case is pending.
Because of how much rides on that number, defense counsel typically requests certified copies of every prior conviction being used against a client rather than accepting the prosecution’s count at face value.
What This Means If You Are Facing a Repeat DUI Allegation in Colorado
If your record includes prior DUI convictions from more than one state, the number attached to your new case is not always as simple as adding up every prior arrest. A defense attorney can examine each prior conviction, compare the underlying statutes, and challenge convictions that should not count toward an enhanced charge. This kind of review can affect how a case is charged from the outset and can influence every decision that follows, from bond to plea negotiations to sentencing.
At Shazam Kianpour & Associates, P.C., we have handled thousands of Colorado criminal and traffic cases, including many involving repeat DUI allegations and multi-state criminal histories. We look closely at how prior convictions are being counted before accepting a proposed charge or sentence at face value, and we walk clients through what their record does and does not support.
If you are facing a DUI charge in Colorado and have prior convictions on your record, whether from Colorado or another state, our team can review your history and outline your options before your next court date. Contact our office to schedule a consultation.
Frequently Asked Questions About Repeat DUI Charges
Can a DUI conviction from another state be used against me in Colorado?
In many cases, yes. Colorado courts can consider certain out-of-state DUI convictions when determining sentencing on a new Colorado DUI charge, generally when the other state’s law is similar enough to Colorado’s DUI statute to be comparable.
How many prior DUI convictions does it take to become a felony in Colorado?
Under Colorado’s felony DUI law, a fourth or subsequent DUI-related conviction can be charged as a felony rather than a misdemeanor, which can expose a person to a more severe sentencing range.
Does every prior DUI conviction count the same toward a repeat offense?
Not necessarily. Courts often look at how each prior offense was charged and whether the underlying statute is comparable to the current charge before counting it toward an enhanced sentence.
What should I do if I am facing a repeat DUI charge with convictions in more than one state?
Speak with a criminal defense attorney before your first court date. An attorney can review each prior conviction and challenge any that should not legally count toward an enhanced charge.
Can an attorney get prior convictions removed from consideration?
An attorney cannot erase a prior conviction, but can challenge whether it legally qualifies to be counted toward an enhanced sentence in a new case, which can change how that case is charged.
About the Attorney
Founding Attorney, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is a Denver criminal defense attorney who has handled thousands of criminal and traffic cases, including DUI, felony, and misdemeanor matters, across the Denver metro area. He previously served as a Colorado State Public Defender and is a member of the Colorado Bar Association and the Colorado Criminal Defense Bar.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.