How Many DUIs Can You Get Before It's a Felony?

As an experienced DUI defense attorney in Boulder, Colorado, I often get asked how many DUIs it takes before a person faces a felony. The short answer is that a fourth DUI offense is where felony charges begin—but there’s a lot more behind that threshold. 

Understanding how the law treats repeat DUI offenses can be the difference between a manageable outcome and long-term consequences. I approach every DUI defense case knowing that no two people come into court with the same background or circumstances. 

Some people are facing their first mistake. Others are dealing with a second or third offense, unsure of what happens next. In Colorado, the jump from a misdemeanor to a felony for DUI doesn’t just change the level of punishment. It changes someone’s future in very real ways.

DUI Charges Under Colorado Law

In Colorado, a first, second, and even third DUI offense is typically charged as a misdemeanor. That doesn’t mean it’s something to take lightly. Even a first DUI can come with jail time, fines, license suspension, and mandatory alcohol education. But the state reserves felony DUI charges for those who have three or more prior convictions on their record.

Fourth DUI as a Felony Offense

Under Colorado law, a fourth or subsequent DUI is charged as a Class 4 felony. That applies whether the earlier convictions were for DUI, DUI per se, or DWAI. It doesn’t matter if those earlier cases happened decades ago or resulted in probation rather than jail. If the conviction stands, it counts.

The penalties for a felony DUI in Colorado are serious. A conviction can lead to up to six years in prison, substantial fines, mandatory alcohol treatment, and years of supervised probation. Unlike lower-level DUI offenses, a felony DUI conviction stays on a person’s criminal record for life. It can affect employment, housing, and any professional licenses.

Prior Offenses Matter

Every DUI defense case starts with a careful review of prior convictions. The law requires the court to make a finding that there are at least three prior offenses before sentencing a person to prison on a fourth DUI. 

That means I don’t just take the prosecution’s word for it—I dig into the records, confirm the legal basis of each conviction, and see whether there’s any argument to be made about their validity.

Sometimes, a defendant pleads guilty to a DUI in another state where the laws are different from Colorado’s. In those cases, the court has to decide whether that out-of-state conviction qualifies under Colorado’s DUI statute. 

That gives me the opportunity to raise legal challenges and possibly limit the court’s ability to use that offense against my client.

In DUI defense, nothing should be assumed. A fourth charge doesn’t automatically become a felony unless the prior convictions can be properly proven. This is where experience, preparation, and attention to detail can make a real difference in the outcome.

Aggravating Factors Can Influence the Case

Even before a person reaches their fourth DUI, the circumstances of the offense can impact how the case is handled. 

For example, if someone causes injury or death while driving under the influence—even if it’s their first offense—that could lead to felony charges for vehicular assault or vehicular homicide. Those are separate from the felony DUI rule but still show how DUI cases can escalate.

In my DUI defense work, I take time to learn:

• Every detail about the situation—not just what happened that night.

• The client’s background, health, and anything else that may affect how the court views the case.

• How the case may have been mishandled by the prosecution.

DUI Defense After a Felony Arrest

When someone is facing a felony DUI in Colorado, the defense strategy changes. At that level, jail time is no longer a possibility—it’s a serious likelihood. That’s why I take a comprehensive approach. 

I review every stage of the arrest: how the stop was conducted, whether field sobriety tests were administered correctly, and whether the blood or breath results were accurate and obtained legally.

Colorado’s laws require law enforcement to follow strict procedures during DUI investigations. If I find that those procedures weren’t followed, I may be able to suppress certain evidence. That could lead to a reduced charge or, in some cases, a dismissal

In DUI defense, even a small mistake by law enforcement can shift the case. But I also look beyond the technicalities. I talk with my clients about treatment options, readiness to take responsibility, and ways to show the court that they’re working toward change. Judges don’t just look at the charge—they look at the person.

Sentencing Considerations in Felony DUI Cases

In felony DUI cases, sentencing often depends on more than just the number of prior offenses. Judges in Colorado are given discretion to weigh the facts and decide on the appropriate punishment. Some cases involve prison time. Others may involve long-term probation, substance abuse monitoring, and community service.

Part of my job as a DUI defense attorney is to present the strongest case for rehabilitation. I work with substance abuse counselors, treatment programs, and mental health professionals when appropriate. If my client has made a serious effort to address the behavior that led to the DUI, I want the court to see that.

Colorado’s laws allow for alternatives to prison, especially when the person shows a genuine commitment to recovery. While that isn’t guaranteed, it’s something I fight for in every DUI defense case involving a felony charge.

How Prior Cases Can Be Used Strategically

There are times when a person’s prior DUI convictions weren’t handled with proper legal representation. In some cases, they may have pled guilty without fully understanding the consequences. I take a hard look at those records to see whether they might be challenged.

The history of someone’s prior DUIs matters—but it doesn’t always tell the whole story. That’s why I take the time to investigate each case and uncover anything that might help the current charge get handled more fairly.

What Clients Should Understand

Facing a DUI charge is stressful, especially when it’s not the first one. When someone learns that a fourth DUI may be a felony, fear and uncertainty set in quickly. My job is to provide clarity. I let clients know what the charges mean, what the court will consider, and what we can do to protect their rights and future.

In DUI defense, timing also matters. The earlier someone reaches out, the more options are available. Evidence can be reviewed, programs can be started, and legal strategies can be developed before court deadlines make things harder to change.

At Watkins Law Firm LLC, I make it my mission to walk clients through that process—step by step, with honesty and urgency. I don’t make promises about outcomes, but I commit to putting in the time and energy to fight for the best possible result.

Final Thoughts on Felony DUI Charges

At Watkins Law Firm LLC, I bring the best mindset I can to every DUI defense case. I’m proud to serve clients throughout Longmont, Louisville, Lafayette, Broomfield, and Boulder, Colorado.

Call today for more information on the services I provide and how to protect your future.