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Colorado · When it becomes a felony

Is a DUI a felony in Colorado?

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On a fourth — and Colorado does not use a window at all. Three or more prior convictions make the current offense a class 4 felony, and the statute says nothing about how long ago they were: convictions from separate and distinct criminal episodes count whenever they happened. Priors are not limited to DUI either — vehicular homicide and vehicular assault while impaired count toward the same total.

Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in CO — and the paperwork will use none of them. Colorado charges it under a section number, and that is what decides the range below.

What the statute sets

Grade. Class 4 felony

Confinement. 2 to 6 years, plus 3 years of parole

Fine. Set by the felony range

Colorado Revised Statutes § 42-4-1301 · C.R.S. § 42-4-1301(1)(a), (2)(a); § 42-4-1307(6.5) · checked 2026-09-04

The other half of the sentence

The device is a separate track

Colorado uses the interlock for early reinstatement: instead of sitting out a revocation, you fit a device and drive from the first day the action goes active. What you trade is time on the device — nine months at a lower reading, two years above 0.15% or after a refusal.

In Colorado the interlock term runs 9 months and is administered by Colorado DMV (Department of Revenue) — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.

Source: Colorado DMV (Department of Revenue)

Speak to a Colorado DUI attorney

Ranges are set by statute; where you land inside them is argued. Tell us where the case is and we will pass it to an attorney licensed in Colorado.

Asked constantly

Colorado DUI questions

Is a DUI a felony in Colorado?

On a fourth — and Colorado does not use a window at all. Three or more prior convictions make the current offense a class 4 felony, and the statute says nothing about how long ago they were: convictions from separate and distinct criminal episodes count whenever they happened. Priors are not limited to DUI either — vehicular homicide and vehicular assault while impaired count toward the same total.

What does a 3rd DUI in Colorado carry?

Class 4 felony: 2 to 6 years, plus 3 years of parole, and a fine of set by the felony range. The range is set by C.R.S. § 42-4-1301(1)(a), (2)(a); § 42-4-1307(6.5), and the figures on this page come from the statute rather than from a summary of it.

Does an interlock come with it in Colorado?

Colorado uses the interlock for early reinstatement: instead of sitting out a revocation, you fit a device and drive from the first day the action goes active. What you trade is time on the device — nine months at a lower reading, two years above 0.15% or after a refusal. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Colorado DMV (Department of Revenue).

Other steps in Colorado: first offense penalties and second offense penalties.

All Colorado DUI rules →Penalties across the states →Colorado DUI lawyers →Getting the license back →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.