4th DUI in Colorado

4th DUI in Colorado

Colorado takes DUIs very seriously. If you have multiple prior DUI convictions in the state, you know first-hand just how harsh the consequences can be if you are found to be driving while under the influence. A 4th or consecutive DUI in Colorado will result in the harshest penalties that can have serious long-term consequences.

Driving under the influence is never a good idea. When making this decision, you put your life and the lives of others in a vulnerable position. In the United States, 25% of all traffic-related deaths are a result of alcohol impairment. Do not let yourself become a part of this awful statistic. If you or someone you love is struggling with alcohol addiction, seek treatment or help before tragedy strikes. Receiving a DUI in Colorado comes with severe consequences. Being charged with a Colorado 4th DUI brings even more punishment. Receiving a 4th DUI in Colorado is a serious offense that should not be taken lightly. Read on to learn more about 4th DUI regulations in Colorado and best practices should you ever find yourself in this unfortunate situation.

Just a short time ago, Colorado remained one of just a handful of states in the nation with no-repeat offender laws that elevated DUI offenses from a misdemeanor to a felony. However, in 2015, this longstanding system underwent significant change. On April 15, 2015, House Bill 15-1043 was passed by the Colorado House of Representatives by a 64-1 vote. This bill looked to move a fourth DUI offense to a class 4 felony with the potential of receiving a prison sentence of two to six years. After some slight changes, including an amendment requiring Colorado judges to consider treatment plans instead of prison sentences, the bill officially became law on August 5, 2015. In 2017, another amendment was added to the bill, requiring that a defendant must serve a minimum of 90 days in jail or 120 days in jail for alternative sentencing programs.

Ultimately, if you receive a 4th DUI in Colorado, your offense will be treated as a class 4 felony. Every DUI conviction a motorist has accumulated counts as a prior, even if the DUI occurred outside of the state of Colorado. With a class 4 felony, the defendant is subject to two to six years in prison. However, the court has the discretion to grant probation with a minimum of 3 months in jail. Along with initial sentencing, defendants are subject to a two-year license suspension. However, the Colorado DMV has the ability to reinstate licenses after one month. In most circumstances, the defendant would then be required to drive with an ignition interlock device (IID) that prevents the car from starting if the breathalyzer system detects alcohol.

4TH COLORADO DUI PENALTIES

Basic penalties for a class 4 felony:

• 2 to 6 years in Colorado State Prison; or
• Probation with a minimum of 90 days in jail
• $2,000 to $500,000 in fines
• A two-year license suspension; or
• The requirement to drive with an IID

Extraordinary aggravating circumstances for a class 4 felony, including if the defendant was on parole, probation, or out on bond for another felony at the time of their fourth DUI arrest:

• 4 to 12 years in Colorado State Prison

Any of the following five crimes count as a prior DUI charge:

• DUI
• DUI per se
• DWAI
• Vehicular assault
• Vehicular homicide

A 4th DUI in Colorado can never be sealed. This charge will forever remain on a defendant’s record and will show up on all background checks. This is why contacting an attorney as soon as possible after your Colorado 4th DUI is essential. A qualified DUI attorney will be able to help you better navigate your legal situation and help to combat your DUI charge.

As a defendant, the best possible ways to fight your DUI charge are:

1. The arresting officer had no probable cause to suspect DUI
2. The field sobriety test was not administered correctly
3. The breath and/or blood testing equipment were not working properly
4. The breath and/or blood were contaminated
5. The certification of the breath and/or blood operators had lapsed
6. The defendant had a medical condition that caused high BAC results
7. The defendant had dental work that caused high BAC results
8. The arresting officers committed misconduct
9. The defendant did not start drinking until after they stopped driving
10. The defendant’s BAC was legal while driving but increased when a chemical test was administered later on.

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Consult With an Experienced Dui Lawyer Today

While we are here to help you fight and overcome your Colorado 4th DUI charge, please understand the seriousness of a DUI charge. If you or a loved one are struggling with alcohol addiction, please seek treatment immediately. If you have been charged with a DUI in Colorado and have more questions, you don’t have to go through this process alone. Consult with an experienced DUI attorney today. Working with an experienced DUI lawyer is your best chance at reaching the desired outcome in your case.

COLORADO 4TH DUI DEFENSE ATTORNEY NEAR YOU

Chaput Law is a top-rated Colorado law firm that focuses on DUI and Criminal Defense. We represent clients in Denver, Highlands Ranch, Littleton Colorado, and all surrounding cities in Arapahoe and Douglas Counties.

If you are looking for a Denver DUI Defense Attorney that offers aggressive defense no matter the case, look no further.

Contact us today for a free consultation. Don’t make the mistake of trying to defend yourself or pleading guilty or no contest just because you want to get this behind you. A conviction for ANY charge can have lasting consequences that you should be aware of before making any decisions.