Colorado’s felony DUI law takes effect today. If you are charged with a DUI that occurred on or after August 5, 2015 and you have 3 prior convictions for DUI or Driving While Ability Impaired (DWAI), you could be charged with a Class 4 felony. This carries a presumptive Department of Corrections (DOC) sentence of 2 to 6 years. Before the court can sentence to DOC, it must determine that incarceration “is the most suitable option given the facts and circumstances of the case, including the Defendant’s willingness to participate in treatment.” The court is also to consider whether all other reasonable and appropriate sanctions that are available to the court have been exhausted, do not appear likely to be successful or present an unacceptable risk to public safety. It does not matter how long ago the prior convictions occurred.
admin2015-08-05T14:49:29+00:00August 5th, 2015|