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Felony (DUI & DWAI)

The State of Colorado has made it an F-4 Felony (could be incarcerated from 2 to 6 years in prison) to be convicted of DUI after having three prior convictions anywhere in the United States of DUI.   

So, under Section 42-4-1301(1)(a) the felony is born.  It is a Felony 4  and could carry with it a prison sentence of between 2 and 6 years; depending on your case and history.  Other sentencing alternatives are Probation (which may or may not include a jail sentence of 90 days) and Community Corrections.

         The actual wording of the statute states that before the imposition of any sentence to the Department of Corrections for a felony DUI…..the Court must first determine that:

“…[I]ncarceration is the most suitable option given the facts and circumstances of the case including the Defendant’s willingness to participate in treatment.  Additionally, the court shall consider whether all other reasonable and appropriate sanctions and responses to the violations that are available to the court have been exhausted, do not appear likely to be successful if tried, or present an unacceptable risk to public safety.”

         If you are charged with a felony DUI, or know that you have three priors somewhere in your past, then you should consult a DUI attorney immediately.  There are ways to defend your case at trial.  Additionally, there may be ways to avoid prison.  One of the underlying “defenses” you have is to get into treatment as soon as you can.  This is one of the best ways to “fight” your charge because the government wants you to not-drink-and-drive and by going into treatment you offer the government hope that you will change and stop drinking and driving.

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