Legally Reviewed by Shazam Kianpour on August 25, 2026
It’s a bit of a drive from Denver to Woody Creek. But for fans of the late gonzo writer Hunter S. Thompson, it’s probably worth the circuitous, nearly four-hour trek. Perhaps the most famous landmark in the tiny town is Woody Creek Tavern, a rustic watering hole favored by Thompson, locals and now tourists.
Back in the 1960s and ’70s, when Thompson penned his most famous works, punishments for drinking and driving were less severe than they are today and were probably more loosely enforced as well. A Woody Creek resident recently arrested for what could be his eighth alcohol-related driving offense might not yet be aware that times have indeed changed.
In fact, if his arrest had occurred on or after Aug. 5 of this year, he could be facing a felony DUI charge. Because the law doesn’t go into effect until that date, right now the 57-year-old stands accused of a misdemeanor DUI, as well as felony aggravated driving with a revoked driver’s license and several other charges.
He apparently has several DUI and DWAI convictions on his record, according to a newspaper report.
In similar situations, substance abuse experts would very possibly conclude that the suspect needs intensive treatment. An experienced, concerned DUI defense attorney might well also recommend alcohol-abuse treatment to such a client, and work to see that the client got the opportunity to spend time in useful care rather than behind bars.
In many cases, intensive treatment is similar to incarceration in the sense that it keeps the client secure in the treatment facility, away from intoxicants, and puts them on the road to recovery.
How Colorado’s Felony DUI Law Counts Prior Offenses
Colorado’s felony DUI law, which went into effect in August 2015, makes a fourth or subsequent DUI or DWAI conviction a felony rather than a misdemeanor. The law counts prior convictions going back through a person’s entire driving history, not just a limited look-back window, and it counts DUI, DWAI, DUID, and certain out-of-state equivalent convictions toward that total. This means a person’s record from decades earlier can still factor into whether a new charge is filed as a misdemeanor or a felony.
Why the Timing of a Prior Law Change Can Matter
- Effective date matters: a charge filed for conduct that happened before a felony DUI law took effect is generally still evaluated under the law in place at the time of the offense.
- Prior convictions still count: even when a charge is filed as a misdemeanor, existing prior convictions can still affect sentencing exposure.
- Related charges add complexity: a case can involve several charges at once, such as an aggravated driving offense tied to a revoked license, each with its own elements and potential penalties.
Because these rules interact in different ways depending on when an offense occurred and what a person’s record looks like, the specific timeline of a case can significantly affect how it is charged and what penalties may apply.
Treatment as Part of a Colorado DUI Case
Colorado courts can, in appropriate cases, order alcohol or substance abuse evaluation and treatment as a condition of probation or sentencing in a DUI case. Whether treatment is available as an alternative to incarceration, or alongside it, depends on the specific charges, the person’s history, and the judge’s discretion. An attorney experienced in DUI defense can help present treatment history and evaluation results in a way that gives the court a complete picture of the situation.
Frequently Asked Questions About Repeat DUI Charges in Colorado
When did a fourth DUI become a felony in Colorado?
Colorado’s felony DUI law took effect on August 5, 2015. A fourth or subsequent DUI or DWAI conviction filed on or after that date can be charged as a felony rather than a misdemeanor.
Do old DUI convictions still count toward a felony charge?
Yes. Colorado’s felony DUI statute counts prior qualifying convictions across a person’s entire driving history, without a limited look-back period, which means older convictions can still factor into a new charge.
Can a court order alcohol treatment instead of jail time in a DUI case?
In some cases, a Colorado court can order alcohol or substance abuse evaluation and treatment as part of probation or sentencing. Whether treatment is available, and to what extent, depends on the charges involved and the judge’s discretion.
What is aggravated driving with a revoked license?
Aggravated driving with a revoked license is a separate Colorado offense that can apply when a person drives after their license has been revoked, particularly for alcohol-related reasons, and it can carry felony-level penalties depending on the circumstances.
Why does the timing of an offense affect how it is charged?
Colorado generally applies the law that was in effect at the time the offense occurred. This means the exact date of the alleged conduct can determine whether a new felony DUI provision applies to a case.
Repeat DUI and DWAI charges in Colorado carry serious potential consequences, and the details of a person’s prior record and the timing of the alleged offense can significantly affect how a case is charged. Shazam Kianpour & Associates, P.C. has represented clients in Denver DUI cases for years. Contact our office to discuss your situation.
About the Attorney
Founder, Shazam Kianpour & Associates, P.C.
Shazam Kianpour is a Denver criminal defense attorney who has handled thousands of criminal and traffic cases across Colorado, including DUI, DWAI, and DMV hearing matters. 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.