Legally Reviewed by Shazam Kianpour on August 25, 2026
Colorado’s felony DUI law means that a fifth drunk driving offense is no longer treated the same way a first offense is. When a repeat DUI case also involves a fatal collision, the sentencing range a judge is working within can run into decades, and the outcome depends heavily on the specific facts, the charges filed, and how the case is defended from the start.
Below is a case that illustrates how severe repeat DUI sentencing can become in Colorado, followed by a broader look at how the state’s felony DUI and sentencing enhancement rules actually work.
A Case That Shows How Severe Repeat DUI Sentencing Can Be
If you’re accused of drinking and driving or being under the influence of drugs behind the wheel, your freedom can be put at risk in Colorado. In fact, if you’ve been convicted previously, you could be looking at time in prison or hefty fines.
The state of Colorado takes these crimes very seriously, and there are laws in place to penalize you heavily if you make the same errors in judgment multiple times, even over the course of a decade. Because you could be facing time in prison, defending yourself with the help of your attorney is vital from the beginning.
Take for instance this case of a man who has been convicted of drunk driving five times in the state. He was recently arrested for running a red light, T-boning a sedan and fleeing the scene. The woman driving the other vehicle died in the crash, but the man didn’t stay at the scene. He had abandoned his truck in a school parking lot following the crash and was found walking down the sidewalk.
After the collision, it was determined that the man’s blood alcohol concentration was .13, close to twice the legal limit. His case became a felony drunk driving case because this was a fifth offense.
In August 2015, the state introduced the felony DUI rule, making it possible to place heavier penalties on those who offend multiple times. He recently pleaded guilty to all counts in his case, but the judge, who could not be sure of the man’s ability to stay sober, would not be lenient. He faced 24 years in prison for killing the woman, but the judge determined 14 was a fair punishment.
Source: The Gazette, “Repeat DUI offender gets 14 years in prison after fatal collision in Colorado Springs,” Lance Benzel, May 20, 2016
How Colorado’s Felony DUI Law Works
Colorado’s felony DUI law took effect in August 2015. Before that date, DUI-related offenses in Colorado were charged as misdemeanors no matter how many prior convictions a person had. Since then, a fourth or subsequent DUI, DUI per se, or driving while ability impaired conviction can be charged as a Class 4 felony, which carries a substantially longer potential sentence than a misdemeanor DUI.
Whether a felony DUI charge also involves a fatality changes the picture further. A DUI that results in someone’s death can be charged separately as vehicular homicide, which in Colorado can be prosecuted as a class 3 or class 4 felony depending on the circumstances, and that charge can run alongside or in place of the felony DUI charge itself. Judges sentencing a felony DUI case involving a fatality are generally weighing multiple felony counts together, not just the DUI charge in isolation.
How Sentencing Enhancements Stack Up
Several factors can push a repeat DUI sentence toward the higher end of what the law allows:
- The total number of qualifying prior convictions, which can move a charge from misdemeanor to felony territory.
- Whether the case involves an injury or fatality, which can add separate felony charges on top of the DUI itself.
- The recorded blood alcohol concentration, since a significantly elevated BAC can be treated as an aggravating factor at sentencing.
Because these factors can combine in different ways, two felony DUI cases with a similar number of prior offenses can still result in very different sentencing ranges.
Why Early Legal Representation Matters in a Felony DUI Case
A felony DUI charge, particularly one involving a fatality, is not something to face without experienced counsel. How a case is investigated, how the blood alcohol evidence was collected and tested, and how prior convictions are counted can all affect the charges a prosecutor ultimately pursues and the sentence a judge considers.
At Shazam Kianpour & Associates, P.C., we have represented clients across the Denver area on DUI charges ranging from first offenses to felony repeat cases. We look closely at the evidence, the charging decisions, and the prior record in every case before advising a client on how to proceed.
If you or someone you know is facing a repeat DUI charge in Colorado, contact our office to discuss your case and understand what the charges actually mean for your situation.
Frequently Asked Questions About Felony DUI Sentencing in Colorado
When did Colorado start charging repeat DUIs as felonies?
Colorado’s felony DUI law took effect in August 2015. Before that, DUI-related offenses were charged as misdemeanors regardless of how many prior convictions a person had.
How many prior DUIs does it take to be charged with a felony in Colorado?
A fourth or subsequent DUI, DUI per se, or driving while ability impaired conviction can generally be charged as a felony under Colorado’s felony DUI law.
What happens if a DUI case involves a fatality?
A DUI case involving a death can be charged separately as vehicular homicide, which can be prosecuted as a class 3 or class 4 felony in Colorado depending on the circumstances, and can be charged alongside the DUI itself.
Does blood alcohol concentration affect sentencing beyond the legal limit?
A blood alcohol concentration significantly above the legal limit can be treated as an aggravating factor at sentencing, in addition to being an element of the underlying charge.
Why does early legal representation matter in a felony DUI case?
Early representation allows an attorney to review how blood alcohol evidence was collected and tested, how prior convictions are being counted, and what charges the prosecution can actually support before decisions are locked in.
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 felony DUI 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.