Whereas a 1st, 2nd, or 3rd DUI in Colorado is only a misdemeanor, a 4th offense is a class 4 felony. A DUI-fourth conviction carries up to six years in prison, 90 days of continuous alcohol monitoring if you get probation, and a two-year license suspension.
All of your previous DUI convictions count as “prior offenses,” even if they occurred out of state or long ago.
In this article, our Denver Colorado criminal defense lawyers will address:
- 1. What are the penalties for a 4th DUI?
- 2. Is a fourth DUI a felony?
- 3. What counts as prior DUIs?
- 4. Will my license get suspended?
- 5. Can I fight the suspension?
- 6. What are common defenses?
- 7. Can the record be sealed?
- Additional Resources
Also see our article on Colorado DUIs for out-of-state drivers.
1. What are the penalties for a 4th DUI?
As a class 4 felony, a DUI-4th carries:
- 2 to 6 years in Colorado State Prison (with 3 years parole); and/or
- $2,000 to $500,000 in fines
However, the sentencing range becomes 4 to 12 years if there are “extraordinary aggravating circumstances.” Examples are if you were on parole, probation, or bond for another felony at the time of the fourth DUI.
When deciding whether to impose prison time, the court will consider:
- Your willingness to participate in drug or alcohol abuse rehabilitation; and
- Whether alternative penalties may be successful and would not pose an unacceptable public safety risk
If the judge grants probation, you must complete:
- 90 to 180 days in jail or 120 days to 2 years in jail through an alternative-sentencing program;
- 90 days of continuous alcohol monitoring;
- 48 to 120 hours of community service; and
- A Level II Alcohol and Drug Education and Treatment Program.1
A fourth DUI carries a 2-year license suspension.
2. Is a fourth DUI a felony?
Yes. If you have three prior DUI-related convictions, the next drunk/drugged driving incident will be prosecuted as a felony DUI in Colorado.2
3. What counts as prior DUIs?
Any drunk or drugged driving conviction from your past counts as a prior. It is irrelevant how long ago they occurred: There is no “washout” period.
Any of the following five crimes counts as a prior:
- DUI,
- DUI per se,
- DWAI,
- vehicular assault, or
- vehicular homicide
It also makes no difference if the prior DUIs occurred in Colorado or other states. If they did occur in other states, they still count as priors even if they had other names such as DWI or OUI.
However, juvenile DUI offenses typically do not qualify as prior convictions. The only exception is if there is still a pending deferred judgment.3
4. Will my license get suspended?
A fourth-time DUI conviction carries a two-year license suspension in Colorado. However, if you are 21 or older, you may resume driving if you:
- Submit a license reinstatement application and pay the reinstatement fee ($95) plus another $25 fee;
- Drive with an ignition interlock device (IID) breathalyzer;
- Secure SR-22 insurance (which will last for three years); and
- Take a Level II Alcohol and Drug Education and Treatment Program.
If you are under 21, you would need to wait a year before reinstating your license.4
5. Can I fight the license suspension?
Yes. You can request a DMV hearing. These are like mini-trials, though the only issue is whether you can keep your license.
Your criminal defense attorney can also appear at both your criminal hearings and DMV hearing. Although DMV hearings are difficult to win, they serve as valuable dry runs for the criminal case.
A 4th time DUI in Colorado can be charged as a Class 4 felony offense.
6. What are common defenses?
How best to combat DUI charges turns on the specific facts and available evidence. Ten possible ways to fight drunk/drugged driving allegations are:
- The police pulled you over with no reasonable suspicion.
- The police had no probable cause to arrest you for DUI;
- The police did not administer the field sobriety tests correctly;
- The breath– and blood-testing equipment were not in working order;
- The breath- and blood samples were contaminated;
- The people operating the breath- and blood-testing equipment let their certifications lapse;
- You had a medical condition – such as GERD – that caused high blood alcohol content (BAC) results;
- You had dental work – such as a bridge – that caused high BAC results;
- The police committed misconduct, such as coercing a confession;
- You did not begin drinking until after you stopped driving.
A partial defense to DUI-4th charges is that you did not have three prior DUIs. Perhaps a past DUI charge got reduced to a lesser charge like reckless driving (CRS 42-4-1401), preventing it from counting as a prior. Or perhaps court records are too ambiguous to prove that you have three priors.
If you can cast doubt on just one prior DUI, then the charge could be reduced to a DUI-third. This is only a misdemeanor.
7. Can the record be sealed?
DUI-4th convictions can never be sealed in Colorado. They remain on your records forever and show up on background checks. That is why it is so important to fight to get the charges reduced or dismissed.
Additional Resources
If you are struggling with alcohol or drug addiction, refer to the following for help:
- Alcoholics Anonymous (AA) – 12-step recovery program for alcohol addiction.
- Narcotics Anonymous (NA) – 12-step recovery program for drug addiction.
- Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
- Recovery Village – Support group for families of people struggling with drug addiction.
- I Need Help With Drug Addiction – Resources provided by Recovery Centers of America.
Learn more about Colorado DUI laws. Also see our article, Does Colorado have a felony DUI statute?
Legal References
- CRS 42-4-1301; Jesse Paul, “Law requiring incarceration for Colorado felony DUI offenders goes into effect Wednesday“, Denver Post (April 7, 2017). See also Linnebur v. People (2020) 476 P.3d 734; People v. Tun (Court of Appeals of Colorado, Division Six, 2021) 486 P.3d 490.
- Same.
- Same.
- CRS 42-2-132; CRS 42-7-406; CRS 42-2-126. HB21-1314.