Before we delve into the categorization of driving under the influence (DUI) in Colorado, we need to understand the difference between a felony and a misdemeanor.
Both are offenses, and they are punishable by law. However, a felony is a more serious offense compared to a misdemeanor. Not just for the fine you receive but also for the length of time you spend in jail. Once you have been convicted of a felony, you will be referred to as a felon even after completing your sentence. Your resume is also more affected as a felon than having committed a misdemeanor.
Depending on the severity of the offense, it is hard for you to get specific jobs, apply for loans, or even vote. You also can’t own a gun, whether for a certain period or the rest of your life.
So, is DUI a felony or a misdemeanor?
The definition must have hit you hard, but the good thing is that DUIs in Colorado are typically filed as misdemeanors. Still, in certain instances, they can be regarded as felonies. Let us look at these instances as per our Denver felony attorney.
You have Three or More Previous Convictions
Driving under the influence is a misdemeanor, but it turns and becomes a felony when you have three or more prior criminal convictions. The convictions include DUI, vehicular homicide or vehicular assault, or a combination of the three.
So if you think you have been racking up the convictions and you will get off scot-free, you are mistaken. You might end up in jail for a long time.
This is why it is advisable to call a Denver DUI attorney whenever you face a DUI, yet you know you have several convictions facing you.
First Time DUI
Most first-time offenses that don’t involve an injury or loss of life can be prosecuted as a misdemeanor. Additionally, second and third convictions are treated the same. However, the second and third DUI convictions are usually treated harsher than the first one.
If you are charged with a fourth or injure or kill someone, you are staring at a felony. Call us to represent you; otherwise, you might be staring at several years in prison.
Causing Serious Body Harm Changes the Conviction
Whether this is your first or fifth DUI conviction and you seriously injured someone or led to losing lives, it is prosecuted as a felony. DUI-related vehicular assault is a Class 4 felony and can lead to a prison sentence ranging from two to six years, mandatory probation of 3 years, and a fee not less than $2,000 and not more than $500,000.
Does It Matter How Long Ago the Previous Conviction Occurred?
Prosecutors don’t look at how long the previous conviction occurred. As long as you are a habitual offender, the prosecutor will treat you that way. It doesn’t matter whether the previous offense was five years ago – you still face the penalties.
It also doesn’t matter whether the previous DUI charges were in Denver or not. As long as it’s a Dui conviction, then it stands, and it will be considered a DUI charge. Denver takes DUI charges seriously, and so should you.
Don’t Face the Consequences Alone; work with a Denver felony attorney who Cares
When your DUI becomes a felony in Denver, you face many penalties. We have a qualified Denver felony attorney who can handle your issues fast and professionally. You end up with a lesser charge compared to going at it alone. Call us today to get expert representation.
