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Felony DUI in Colorado? A DUI / DWAI Lawyer Explains

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Felony DUI Lawyer | Denver DUI Felony Rules

You are safe from a Felony DUI if you have not had three prior qualifying DUI / DWAI convictions in Colorado. This includes some non-alcohol convictions. However, you can still face some pretty serious Denver County Jail time, with a misdemeanor charge. Plus, a law change from last August requires a mandatory period of jail if the judge decides to give you probation on a 4th DUI.

How to Get a Felony DUI in Jefferson County, Colorado?

Four strikes for any combination of the following, will result in a Felony charge, in Jefferson County, Colorado courts: 1) DUI, 2) DWAI (driving while ability impaired), 3) vehicular homicide, or 4) vehicular assault. While a district attorney are not required to charge you with a felony, it is rare that they would not, upon your fourth traffic crime from the list above. Felony DUI Prison Popluation.

Possible Sentence on a Felony DUI in Arapahoe County, Colorado

Probation with jail is still possible with a felony DUI conviction, but you will be subject to a minimum county jail sentence of 90 days in the Arapahoe County Jail. This minimum results from a recent DUI / DWAI Colorado law change. Beyond that, you can go to prison for up to six years. In between the six years and the 90 days of county jail, a judge has a lot of room for a sentence in between the extremes.

Douglas County, Colorado Felony DUI Lawyer - Nationwide Offenses Considered

If you are charged with Douglas County DUI / DWAI, and have priors in other states, they will still count against you. States are perfecting ways of sharing data clearly over systems like the nationwide NCIC criminal database. This includes priors for Vehicular Assault or Vehicular Homicide. These last two charges do not require alcohol to be involved, and that raises valid criticisms about Colorado's felony DUI law. In fact, you could have your FIRST DUI from anywhere, ever, be a felony. Imagine three prior Vehicular Assault charges, and then your first DUI becomes a felony. It does not seem fair because you have never been given a chance for treatment and rehabilitation.

Drinking and Driving Penalties in Adams County, Colorado

In addition to Colorado's tough felony DUI law, we have some pretty strict penalties for those with less than three priors. You can be sentenced to the Adams County Jail on a DUI / DWAI, as follows:

· First DWAI, 2-180 days in jail

· First DUI, 5-365 days in jail

· Second DUI or DWAI alcohol offense, 10-365 days in jail

· Third alcohol DUI or DWAI offense, 60-365 days in jail

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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