It is a felony DUI in Colorado to drive under the influence or impaired and be a habitual traffic offender. In addition, a conviction for misdemeanor habitual traffic offender, or driving while revocation prohibited (DARP) carries a mandatory sentence to jail.
Title 42 of the Colorado Criminal Code defines a habitual traffic offender as a person with three major traffic offenses in a seven-year timeframe. If you are a habitual offender, it is a felony to drive in Colorado under certain circumstances. You don’t need a DUI or DWAI charge to be convicted of HTO and end up in jail.
A DARP/HTO conviction carries a mandatory county jail sentence from 90 days two years, as well as a $5,000 fine. In addition, a lengthy extension to your driver’s license revocation will result with a habitual traffic offender conviction. Felony HTO consists of a prison sentence up to three years as well as up to a $100,000 fine.
If you are charged with felony DUI or aggravated habitual traffic offender, the services of an experienced DUI attorney can be the difference between a lengthy prison sentence and a much more positive result.