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3 things to know about the felony DUI law

Posted on October 29, 2019

One of the great things about the United States is that you can travel across the country and experience all the variations between states. You may even have the chance to experience things you never could at home, such as a winter in Colorado where the snow is high and the skiing is good. As you travel to a different state, though, you must keep in mind that you fall under that state‚Äôs jurisdiction when it comes to breaking the law. 

While visiting, you may run into an unintended charge. This is especially true for DUIs. In Colorado, according to the Denver Post, it is possible for you to face a felony DUI charge, which elevates a simple mistake of driving under the influence to a serious criminal matter. 

1. You are not in danger if this is your first DUl

The felony DUI law only applies if you have four or more DUIs on your record. As long as this is not your fourth offense, you will not face a felony charge under the law. Do keep in mind, prosecutors will look at your records from your own state and any other state in which you have driven. 

2. You will go to jail

When the law first went into effect, it had a loophole that did not allow for mandatory incarceration for all offenders. Lawmakers have since closed that loophole. Now you will always serve time in jail regardless of your sentence. You will serve 90 days at a minimum. 

3. The court does not have much leeway

If you get a felony DUI conviction, you will face harsh penalties. The court does not have the right to release you early from incarceration by using sentence reductions. You also have to do community service of at least 48 hours, not to mention the mandatory jail time. 

A felony DUI is no joke. Make sure that you drink responsibly. Remember the limit in the state is 0.08%, so if you know you will have drinks, make alternative transportation plans to avoid ending up with a DUI charge.