Driving Under the Influence, C.R.S. 42-4-1301, is charged as a felony in Larimer County when it is the defendant’s fourth or subsequent DUI or DWAI charge. It is especially common to be charged with felony DUI in Fort Collins. In August this year, Fort Collins was ranked one of the “drunkest” cities in the U.S., coming in at number 33 on the list. As the most inebriated city in Colorado, this means that being charged with Driving Under the Influence in Fort Collins is a relatively common experience. However, this does not mean that DUI is a minor criminal charge – especially when charged as a felony. If you have been charged with felony DUI, don’t wait, and contact a top criminal defense lawyer today.
1. Fort Collins Definition of Driving Under the Influence, C.R.S. 42-4-1301
In Fort Collins, the definition of Driving Under the Influence, C.R.S. 42-4-1301, is as follows:
(f) “Driving under the influence” means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
In other words, Driving Under the Influence is charged whenever a driver’s ability to operate a vehicle is substantially impaired by alcohol, marijuana, or another psychotropic substance.
2. When is DUI Charged as a Felony in Loveland and Estes Park?
DUI is charged as a class 4 felony at the Larimer County Courts when the defendant has been previously convicted of 3 offenses related to driving while intoxicated. That is, if the defendant has had 3 prior convictions of any combination of the following offenses, they will be charged with felony DUI:
- Driving Under the Influence, C.R.S. 42-4-1301 (1)(a)
- Driving While Ability Impaired, C.R.S. 42-4-1301 (1)(b)
- DUI Per Se, C.R.S. 42-4-1301 (2)(a)
- Vehicular Assault, where alcohol was involved, C.R.S. 18-3-205(1)(b)
- Vehicular Homicide where alcohol was involved, C.R.S. 18-3-106(1)(b)
It is most common for those charged with felony DUI to only previously have been convicted of DWAI, DUI, and/or DUI Per Se. Important to note is that Driving While Ability Impaired can also be charged as a felony when it is the fourth or subsequent offense.
3. Penalties for Felony DUI in Larimer County | How Long Will I Be Sentenced to the Colorado DOC?
The difference in penalties for misdemeanor vs. felony DUI, including time in the Weld County Jail vs. Colorado DOC, is staggering. See the table below for a comparison of penalties that will result from a DUI conviction:
First DUI Conviction: Misdemeanor* |
Fourth DUI Conviction: Class 4 Felony |
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*Assuming that the driver did not have a BAC of 0.15 or greater, which results in Persistent Drunk Driver designation.
4. Contact a Top Fort Collins Felony DUI Lawyer Today
If you have been charged with felony DUI, you need to contact a top Fort Collins criminal defense lawyer today. Driving Under the Influence charges always jeopardize a defendant’s future, but felony charges are even more costly and dangerous. Your future could be wrecked by years of your life in a Colorado prison cell, tens or hundreds of thousands in fines and restitution, and license suspension. Don’t wait to call us so that we can represent you at the Larimer County Courts and protect your future.
Have you been charged with felony DUI? Be smart, and exercise your right to stay silent – never talk to the Fort Collins Police. Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
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