Legally Reviewed by Shazam Kianpour on September 22, 2026
Nearly a year earlier, in February of 2016, a man crashed his vehicle into the patrol car of an Adams County deputy, leaving the deputy gravely injured. The victim suffered two fractured vertebrae, while the driver was sentenced to 10 years in prison following his conviction of driving under the influence and vehicular assault.
While it may be debated what led to a decade-long sentence, the facts of the incident were significant even by DUI standards. Records indicate that the defendant was driving at over 90 mph with a blood alcohol level more than three times the legal limit when he struck the deputy’s vehicle, which was stopped at a red light. The defendant had previously faced another DUI conviction in 2008, and the district attorney overseeing the case indicated that he had yet to acknowledge any wrongdoing at the time of sentencing. At Shazam Kianpour & Associates, cases like this one illustrate how quickly Colorado’s felony DUI enhancements can turn a repeat charge into a decade or more behind bars.
How a Second or Third DUI Becomes a Felony in Colorado
A first or second DUI in Colorado is typically charged as a misdemeanor, but Colorado law elevates a DUI to a felony once a person has three or more prior convictions for DUI, DWAI, or certain related offenses on their record. That felony charge alone carries the possibility of prison time even without any injury involved. When a DUI results in serious bodily injury to another person, as in this case, prosecutors can add a vehicular assault charge, which in Colorado is itself a felony that can carry a substantial prison sentence independent of the DUI charge.
Our related coverage of a separate Colorado case involving a 65-year-old sentenced to 14 years after multiple DUI offenses walks through how these felony enhancement statutes are actually applied by Colorado courts, and how a defendant’s specific prior record changes the sentencing range a judge is working within.
How Blood Alcohol Level and Speed Affect a DUI Sentence
Colorado judges have discretion within the sentencing ranges set by statute, and aggravating facts can push a sentence toward the higher end of that range. A blood alcohol concentration well above the 0.08 legal limit, extremely high speed, and a resulting serious injury are all factors a court can weigh at sentencing, along with any prior record. A defendant’s response after an incident, including whether he or she accepts responsibility, can also factor into how a judge approaches sentencing within the applicable range.
None of these factors changes what the prosecution must prove to obtain a conviction in the first place. The state still has to establish impairment or a qualifying blood alcohol level, causation connecting the driving to the injury, and every other element of the specific charges filed.
What a Vehicular Assault Charge Adds to a DUI Case
Colorado’s vehicular assault statute applies when a person’s DUI causes serious bodily injury to someone else, and it can be charged whether the underlying impairment involved alcohol or drugs. Because vehicular assault is a distinct felony from the DUI itself, a defendant can face consecutive or concurrent sentencing exposure across both charges, which is part of why the total sentence in a case involving an injured victim can run well beyond what a standalone DUI conviction would carry.
According to the Colorado Department of Revenue’s overview of the DUI process, once a person is arrested for DUI they receive a summons that starts a separate court process from any related license consequences, and both tracks move forward largely independent of each other. Understanding how these tracks interact matters for anyone facing a felony DUI alongside a vehicular assault charge.
Why Early Legal Representation Matters in a Felony DUI Case
If you are charged with a felony DUI, particularly one involving an injury to another person, the case is a serious matter and deserves careful attention from the outset. Obtaining experienced legal representation is important, but it is equally important to understand what the evidence actually shows about blood alcohol testing, field sobriety procedures, and the collision itself, since each of those areas can be challenged on technical and factual grounds.
Proper guidance can help a person understand the seriousness of the charges while still identifying weaknesses in the state’s case, whether those involve the accuracy of a breath or blood test, the circumstances of the traffic stop, or how the collision itself is reconstructed.
Colorado’s Broader Approach to Repeat DUI Offenders
Colorado has steadily increased penalties for repeat DUI offenders over the past decade, including mandatory minimum jail time that increases with each subsequent conviction and the felony threshold at a fourth offense. Courts and prosecutors also frequently look at a defendant’s participation in alcohol treatment, and whether prior probation terms were completed, when evaluating how a current case should be resolved.
Our discussion of how Colorado judges determine DUI probation terms covers how these treatment and compliance factors are weighed in cases that do not proceed to the kind of felony sentence at issue here.
Facing a DUI or Felony DUI Charge in Colorado?
Shazam Kianpour has represented clients in more than 10,000 criminal and traffic cases across the Denver area, including a substantial number of DUI and felony DUI matters. An experienced attorney can fight DUI charges with you and work to ensure that your rights are protected at every stage of the case. Contact our office to discuss the specific facts of your situation.
Frequently Asked Questions About Felony DUI Charges in Colorado
When does a DUI become a felony in Colorado?
A DUI becomes a felony once a person has three or more prior DUI, DWAI, or related convictions. A fourth offense triggers felony DUI regardless of whether the current incident caused any injury.
What is vehicular assault, and how does it relate to a DUI charge?
Vehicular assault applies when impaired driving causes serious bodily injury to another person. It is a separate felony from DUI, and a defendant can face sentencing exposure on both charges at once.
Does a high blood alcohol level automatically increase a DUI sentence?
A high blood alcohol concentration is an aggravating factor a judge can consider within the applicable sentencing range, but the prosecution must still prove every element of the charge before any sentence is imposed.
Can prior DUI convictions from years ago still count toward a felony charge?
Yes. Colorado’s felony DUI statute counts qualifying prior convictions regardless of how long ago they occurred, which is why an old DUI conviction can still affect how a current charge is filed.
Is the license consequence of a DUI separate from the criminal court process?
Yes. Colorado runs an administrative license process through the Department of Revenue alongside the criminal court case, and the two proceed largely independently of each other.
Source: The Denver Post, “DUI driver who hit Adams County patrol car gets 10-year sentence,” Kieran Nicholson, Jan. 13, 2017; Colorado Department of Revenue, “The DUI Process,” accessed September 2026
About the Attorney
Denver Criminal Defense Attorney
Shazam Kianpour has represented clients in more than 10,000 criminal and traffic cases across the Denver area. He is a graduate of California Western School of Law, has been licensed in Colorado since 2004, and holds a Lead Counsel Verification in criminal law covering state felony, misdemeanor, and drunk driving 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.