Driving under the influence (DUI) is a serious offense in Denver, with penalties that vary significantly based on the circumstances of each case. While most DUI charges are categorized as misdemeanors, there are specific conditions under which a DUI can escalate to a felony charge.

This scenario comes with much stiffer penalties and long-lasting consequences. Understanding when a DUI is charged as a felony in Denver is crucial for anyone facing such allegations, as it highlights the importance of having an experienced DUI lawyer in Denver.

Our team at the Law Offices of Steven J. Pisani has extensive experience providing effective defense strategies for those accused of DUI offenses, ensuring their rights are protected throughout the legal process.

Understanding DUI Charges in Denver

In Denver, as in the rest of Colorado, a DUI charge is primarily based on the driver’s blood alcohol content (BAC) at the time of the arrest. A BAC of 0.08% or higher can lead to DUI charges for drivers of passenger vehicles.

For commercial drivers, the threshold is lower, set at 0.04%, reflecting their greater responsibility. However, the distinction between misdemeanor and felony DUI charges doesn’t rest solely on the BAC level but rather on other compounding factors.

Factors That Escalate a DUI to a Felony

Prior DUI Convictions: One of the most common reasons a DUI charge becomes a felony in Denver is the presence of prior DUI convictions. Colorado law stipulates that if a driver has three or more DUI convictions (including DWAI, DUI, vehicular homicide, and vehicular assault) on their record, any subsequent DUI charge will be treated as a felony.
Bodily Injury or Death: A DUI charge can also be escalated to a felony if the incident results in bodily injury or death. This situation can lead to charges of vehicular assault or vehicular homicide, respectively, both of which are treated as felonies due to the severity of the consequences stemming from the DUI.
Extreme Recklessness: If the driver’s behavior is found to be extremely reckless, especially if it involves excessive speeds or the evasion of law enforcement, the DUI charge can be elevated to a felony. This is determined on a case-by-case basis and depends heavily on the specifics of the incident.

The Consequences of a Felony DUI in Denver

The repercussions of being found guilty of a felony DUI (Driving Under the Influence) in Denver go beyond immediate penalties. They can have a lasting impact on nearly every aspect of an individual’s life.

The severity of these consequences reflects the gravity with which the legal system treats repeat or particularly dangerous driving offenses under the influence. Here are some of the major consequences that individuals face upon a felony DUI conviction in Denver:

Lengthy Prison Sentences

For those convicted of a felony DUI, especially from the fourth offense onwards, the law mandates significant prison time. The sentencing guidelines suggest incarceration ranging from two to six years, depending on the specifics of the offense, such as the individual’s blood alcohol content at the time of arrest and whether the DUI resulted in injury or death. This prolonged separation from family, friends, and community is a stern punishment for offenders.

Hefty Fines

The financial implications of a felony DUI conviction are staggering. Fines can soar as high as $500,000, a sum that can cripple finances for years to come. These fines do not even account for the additional financial burdens of legal fees or the economic impact of lost wages due to incarceration. For many, this financial strain extends well beyond the payment of fines, affecting their ability to fulfill other financial obligations.

Loss of Driving Privileges

A fundamental consequence of a felony DUI conviction is the revocation of driving privileges. This loss can extend for several years, profoundly affecting an individual’s independence. Without the ability to drive, maintaining employment, fulfilling family responsibilities, and participating in everyday life becomes significantly more challenging. This isolation can have far-reaching effects on an individual’s social and economic well-being.

Permanent Criminal Record

Perhaps one of the most enduring consequences of a felony DUI conviction is the permanent mark it leaves on an individual’s criminal record. This record can be a substantial barrier to employment, as many employers are hesitant to hire individuals with a felony conviction. It can also affect housing opportunities, as landlords may refuse tenancy to felons and limit one’s eligibility for certain professional licenses, effectively narrowing the scope of future opportunities.

Broader Social and Personal Implications

Beyond these direct consequences, a felony DUI conviction can have broader social and personal implications. Relationships may suffer due to the stigma associated with a felony conviction and the strain of financial and legal challenges. Additionally, individuals may face psychological effects, including depression and anxiety, stemming from their reduced opportunities and the long-term impact of their convictions.

In summary, the consequences of a felony DUI in Denver are comprehensive and designed to reflect the seriousness of the offense. They underscore the importance of responsible driving behavior and the significant risks associated with repeated or severe DUI offenses.

The Role of a DUI Lawyer in Denver

Given the stakes involved, hiring an experienced DUI lawyer in Denver is essential for anyone facing a potential felony DUI charge. A knowledgeable Denver defense attorney can:

Evaluate the Evidence: Thoroughly review the circumstances of your arrest and the evidence against you, identifying any weaknesses or procedural errors in the prosecution’s case.
Negotiate with Prosecutors: Work to negotiate a plea deal that may reduce the charges or penalties, leveraging their understanding of local laws and the judicial system.
Defend Your Rights in Court: If your case goes to trial, a skilled Denver defense attorney will mount a vigorous defense to secure the best possible outcome.

Contact Our Denver Defense Attorney

A DUI charge in Denver can become a felony under several circumstances, each leading to severe penalties that can impact every aspect of your life. Given the complexities surrounding DUI charges and the harsh consequences of a felony conviction, securing the services of an accomplished DUI lawyer in Denver is vital.

At the Law Offices of Steven J. Pisani, we understand the importance of having a strong DUI defense. We are committed to providing our clients with the dedicated representation they need during this challenging time. If you or someone you know is facing a DUI charge, whether misdemeanor or felony, do not hesitate to contact us for a consultation. Our team is here to ensure your rights are protected every step of the way.

When Is a DUI Charged as a Felony in Denver?