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Felony DUI / DWAI Punishment Lawyer – Denver DUI Attorneys and the New Law

| Mar 12, 2016 | DUI / DWAI |

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Colorado Felony DUI Attorney – What Qualifies for this Felony Alcohol Charge?

Our criminal defense lawyers have previously written about the Felony DUI law in Denver and across Colorado. The heart of the new law is that if you get a fourth DUI or DWAI (or some other major traffic offenses), you can be charged as a felon. DUI / DWAI 1-3 will be charged as misdemeanors, with a maximum criminal sentence of one year in the Denver County Jail. Prosecutors and Deputy District Attorneys can still charge DUI #4 as a misdemeanor if they desire.  Read more information on Colorado’s Felony DUI law.

DUI Felony in Arapahoe County Can Result in Colorado Prison Sentence

With the Felony status, the 4th DUI / DWAI obtained in Arapahoe County can be sentenced to the Colorado Department of Corrections for up to six years. The punishment has really increased. In addition, you will be required to serve time on parole. When you are out on parole for a felony DUI, you will be required to maintain an interlock device in order to drive the whole time you are on parole. This six year sentence is strictly for the felony DUI – additional prison time can be imposed for other felony conduct in the event you leave the scene of an accident when someone is hurt or killed. Judges have broad discretion in formulating the prison, jail, or community corrections sentence for a DUI.

Felony DUI in Jefferson County – Conduct From Other States Counts Too

Sometimes, people arrive from other states where the punishment for crimes like DUI and DWAI is not as severe as in Jefferson County, Colorado. It is important to remember that any conduct which counts in Colorado as a precursor to a felony DUI charge, will count in Colorado even if it happened in another state. So, if you get DUI #1 in Kansas, DWAI #2 in Nebraska and DUI #3 in Wyoming, once you get just one more in Colorado, you will be charged with the Felony DUI. In addition, traffic crimes like vehicular assault and vehicular homicide also count toward your felony qualification.

Habitual Traffic Offender Strikes in Douglas County for DUI / DWAI as a Misdemeanor or Felony

Under traffic law as set forth by the Department of Motor Vehicles, each major traffic offense like DUI, Reckless Driving and Leaving the Scene of an Accident, is a habitual traffic strike. If you get 3 strikes in seven years, you automatically have your drivers license revoked for five years. A revocation is worse than a suspension. Other major traffic offenses in Douglas County which can count as HTO strikes are DUI – Drugs, Hit and Run involving injury or death, Vehicular Assault, Driving After Revocation or Suspension, Vehicular Homicide, Criminally Negligent Homicide and Providing False Information to DMV. If you are ever caught driving while a Habitual Traffic Offender, there is mandatory jail.

Why Hire an Adams County DUI Lawyer for your Felony DUI Arrest?

Six years in prison is a very long time to punish someone for being slightly over the limit while driving. With BAC levels increasingly lessened by our legislature (even a .05 BAC would count toward the felony DUI), you life can quickly spin out of control. Our Felony DUI lawyers know the law and understand how to position you for a lesser sentence. Community Corrections and even the Adams County Jail are possibilities. So, never speak with the police when they contact you or place you under arrest. Instead, call our DUI attorneys 24/7 at 303-731-0719. Together, we can protect your future.

Image Credit: Pixabay – stevepb