For decades, Colorado treated DUI as a misdemeanor no matter how many times a person had been convicted. That changed in August 2015, when the state legislature made a fourth or subsequent DUI or DWAI conviction a class 4 felony. Anyone facing DUI charges in Fort Collins, Loveland, or elsewhere in Larimer County needs to understand how serious this shift really is.
Loveland Driving Under the Influence Attorney: When Does a DUI Become a Felony?
In Larimer County, as elsewhere in Colorado, a DUI is elevated to a felony once it’s a person’s fourth lifetime DUI or DWAI conviction. It doesn’t matter how long ago the prior convictions occurred or whether they happened in Colorado or another state. Out-of-state DUI convictions count toward that total. A DUI can also become a felony regardless of prior record if it results in serious bodily injury (vehicular assault) or death (vehicular homicide) while Driving Under the Influence.
What are the Potential Penalties for a Felony DUI in Larimer County?
A class 4 felony DUI in Colorado carries a possible prison sentence of two to six years, plus up to three years of mandatory parole, and fines that can reach $500,000 in extreme cases, though typical fines are lower. Beyond incarceration, a felony DUI conviction brings a lengthy driver’s license revocation, mandatory substance abuse evaluation and treatment, ignition interlock device requirements, and a permanent felony record that can affect employment, housing, and civil rights like voting or firearm ownership while incarcerated or on parole.
Attorney for Felony Driving Under the Influence Charges in Fort Collins: How Larimer County Handles These Cases
Felony DUI cases in Larimer County are prosecuted in Larimer County District Court rather than county court, which handles misdemeanor offenses. The Larimer County District Attorney’s Office typically pursues these cases aggressively given the public safety concerns tied to repeat impaired driving. Cases often begin with an arrest by Fort Collins Police Services, Loveland Police, or the Larimer County Sheriff’s Office, followed by multiple appearances in the Larimer County Court.
If you’ve been charged with Felony DUI, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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