Colorado Felony DUI & Preliminary Hearings

If you’re facing a felony DUI in Colorado, one of the first questions is: Am I entitled to a preliminary hearing?

The answer is yes — and this right can be a major early advantage in your defense.

In People v. Huckabay, 2020 CO 42, the Colorado Supreme Court confirmed that defendants charged with felony DUI are entitled to a preliminary hearing, even if they are not in custody.

Because felony DUI is a Class 4 felony carrying mandatory sentencing, Colorado law guarantees this early hearing before the case is sent to district court.

What Is a Preliminary Hearing?

A preliminary hearing isn’t a trial. It’s a probable-cause hearing — a safeguard to ensure the prosecution has enough evidence to move forward.

The judge decides whether there’s reason to believe you committed the crime.

For defendants, it’s a valuable opportunity to:

• Test the strength of the prosecution’s evidence
• Cross-examine the arresting officer
• Expose weaknesses in the state’s case
• Build leverage for negotiations or trial strategy

When You’re Entitled to a Preliminary Hearing

Under C.R.S. § 16-5-301, Colorado law provides a right to a preliminary hearing in several situations — not just for felony DUIs.

You are entitled to a preliminary hearing if you are:

• Charged with a Class 1, 2, or 3 felony, or a Level 1 or 2 drug felony;
• Charged with a Class 4–6 felony that requires mandatory sentencing, is a crime of violence, or is a sexual offense; or
• In custody for the offense, even if it would not otherwise qualify. (See People v. Subjack, 2021 CO 10 — a defendant serving another sentence may still be “in custody for the offense” if bond has not been posted on the pending case.)

For felony DUI cases, People v. Huckabay, 2020 CO 42 made it clear:

Even if you’re out of custody, a felony DUI qualifies for a preliminary hearing because it carries a mandatory period of imprisonment.

That means whether you’re in custody or not, a felony DUI guarantees a preliminary hearing — period.

Why This Matters in Felony DUI Cases

Felony DUI sentencing in Colorado is severe:

• Prison: 2 – 6 years in DOC (up to 12 in aggravated cases) + mandatory parole
• Probation: Sometimes available, but often includes 90–180 days in jail or work release

Because felony DUI carries a mandatory period of imprisonment, the Supreme Court ensured defendants have this critical hearing before being bound over to district court.

Act Fast — Strict Deadlines Apply

You must request a preliminary hearing within 7 days after the felony DUI charge is filed in county court.

Once granted, it typically occurs within 35 days.

Missing this deadline can mean losing a crucial opportunity to challenge the case early.

Why Choose Me for Your Felony DUI Defense

I’ve been defending DUI cases in Colorado for more than 20 years — including felony DUIs where the preliminary hearing played a key role in the defense strategy.

Knowing when and how to use this procedural right can make all the difference.

📞 Call 303-355-5148 for a free consultation.

You’ll speak directly with me, Monte Robbins — not a junior associate or case screener.