CORONAVIRUS UPDATE: What We Are Doing to Protect Our Clients

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Felony DUI

If you've been arrested in Colorado for DUI, DUI per se, or DWAI and you have 3 prior alcohol-related traffic convictions anywhere in the US, you may be charged with a Felony DUI offense.  Whether or not to charge the 4th or subsequent offense as a Felony rests entirely with the District Attorney's Office who is prosecuting the case.  Sometimes the Felony is charged and sometimes it is not.  Factors that seem to play into the decision are the evidence in the case, the jurisdiction, the district attorney, the criminal history of the defendant, and how old the prior offenses are.  The bottom line is that the Felony DUI charge is not automatic- the 4th or subsequent offense may or may not be charged as a Felony.

It's important to note that sometimes a person with 3 prior DUI convictions will start out with a Misdemeanor charge and then once the district attorney investigates the case (and the person's prior DUI offenses), the Misdemeanor case will be dismissed and then re-filed as a Felony offense.  Shockingly, this sometimes happens many months later into the Misdemeanor case whereby a person shows up to court and is greeted with a dismissal of the Misdemeanor and a summons to appear in Felony court on a new Felony charge.  Thus, it's imperative to have legal representation in these complex cases.

Penalties for a Felony DUI conviction run the gamut of possibilities and range from probation and a straight time jail sentence (or possibly work release) to community corrections or even a prison sentence. According to the statute, if a person receives probation without work release, he/she must serve 90 to 180 days of straight time jail.  If a person is granted work release, the minimum jail component is 120 days up to 2 years maximum.  A Felony DUI is a Class 4 Felony, thus the possible penalty is from 2 years to 6 years imprisonment with a mandatory period of 3 years parole. 

The year 2019 saw 1,316 Felony DUI filings in the state, with Jefferson/Gilpin Counties, El Paso/Teller Counties, Larimer/Jackson Counties, Adams/Broomfield Counties, and Douglas/Elbert/Lincoln/Arapahoe Counties leading as the "top 5" judicial districts with the most Felony DUI filings statewide.  In light of these statistics it's clear that Felony DUI offenses are being aggressively prosecuted.

If you've been charged with a Felony DUI or with a Misdemeanor DUI that might transition into a Felony DUI, it's important to get immediate legal representation.  Colorado Felony DUI Attorney Monte Robbins has over 15 years experience in fighting DUI charges throughout the state of Colorado.  Contact Denver Felony DUI Attorney Monte Robbins today for a free case evaluation at 303-355-5148.









Client Reviews
★★★★★
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
★★★★★
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
★★★★★
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy