When does a DUI become a felony offense in CO?

Felony crimes are much more serious than misdemeanors and can impact your life in multiple ways. There are some crimes on the books that may be either misdemeanors or felonies depending on mitigating circumstances and DUI is one of them.

If the courts are charging you with a potential DUI, it is vital that you understand when this becomes a felony. Under current Colorado law, if you have committed a fourth or subsequent DUI offense it becomes a class 4 felony in the state.

Will I go to jail if they put me on probation?

If the courts convict you of a class 4 felony in Colorado related to DUI, you will need to serve a mandatory minimum amount of time in jail, even if they put you on probation. This amount of time is at least 90 days but not more than 180 days in county jail.

During the mandated 90-day imprisonment period, you are not eligible for any deductions from this sentence due to good behavior. The only credit that you will receive is if you spent any time in custody prior to your conviction.

What are the other requirements?

In addition to the mandatory minimum jail sentence, you must complete at least 48 hours of useful public service. the courts may extend this requirement to no more than 120 hours if they see fit. Additionally, as a condition of probation you must complete a level two alcohol safety education course at your own expense.

It is also possible that, depending on your specific situation, the courts may impose other probation conditions.