Colorado Felony DUI & Preliminary Hearings

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

The Colorado Supreme Court answered this in the Huckabay case (2020): Yes. Even if you’re not in custody, you are entitled to a preliminary hearing on a felony DUI charge.

Why? Because felony DUI is a Class 4 felony with mandatory sentencing, and Colorado law guarantees defendants a preliminary hearing in those situations.

What is a Preliminary Hearing?

A preliminary hearing is not a trial. Instead, it’s a probable cause hearing — a safeguard to make sure the prosecution has enough evidence to proceed with the case. The judge decides whether there’s reason to believe you committed the crime.

For you, it’s also an early opportunity for your lawyer to:

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

Why This Matters in Felony DUI Cases

Felony DUI sentencing in Colorado is serious:

• Prison time: 2–6 years in the Department of Corrections — and in aggravated cases, up to 12 years — plus mandatory parole.
• Probation option: Possible in some cases, but includes 90–180 days in county jail (or longer with work/education release).

Because the law treats this as involving a “mandatory period of imprisonment,” the Supreme Court made it clear: defendants get a preliminary hearing in felony DUI cases.

Other Felonies & Preliminary Hearings

Colorado law only grants preliminary hearings automatically in the most serious cases — Class 1, 2, and 3 felonies, or level 1 and 2 drug felonies. For Class 4–6 felonies (like felony DUI), you usually don’t get one unless:

• The offense requires mandatory sentencing (like felony DUI),
• It’s a crime of violence, or
• It’s a specific sexual offense.

That’s why the Huckabay ruling was so important: it made clear that felony DUI defendants have this right, even out of custody.

Act Fast — Deadlines Apply

Requests for preliminary hearings must be made quickly — within 7 days after the case is filed in county court. Once granted, the hearing must usually take place within 35 days.

Missing this deadline can mean losing a critical opportunity in your defense.

Why Choose Me for Your Felony DUI Case

I’ve been defending DUI cases in Colorado for over 20 years — including felony DUIs where preliminary hearings played a key role in the defense strategy. Knowing when (and how) to use this tool can make a huge difference in the outcome of your case.

📞 Call me today at 303-355-5148 for a free consultation.

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