Under current DUI law in Colorado, there is only a felony DUI if a driver is under revocation as a habitual traffic offender and commits a DUI or DWAI. Otherwise, all DUI, DUI per se, and DWAI crimes in Colorado are misdemeanor offenses even for multiple offenders.
This summer, the Colorado legislature will decide whether to create a felony DUI law for repeat offenders. House Bill 1036—the Felony DUI bill—creates a class 4 felony if:
- The violation occurred not more than 7 years after the first of 2 prior convictions for DWAI, DUI, or DUI per se; vehicular homicide; or vehicular assault; or
- The violation occurred after 3 prior convictions for DWAI, DUI, or DUI per se; vehicular homicide; or vehicular assault.
The bill also repeals provisions of Colorado criminal law regarding aggravated driving with a revoked license when the offender also commits DUI, DUI per se, or DWAI as part of the same criminal episode. This offense is commonly referred to as an aggravated driving under revocation as a habitual traffic offender.
It is widely anticipated that this bill will be passed in the house and senate and become law starting in 2015.