Qualifying prior convictions
Colorado repeat-offense provisions identify DUI, DUI per se, DWAI, and specified related offenses. An out-of-state disposition may qualify when the underlying conduct would constitute an identified Colorado offense.
Whether a prior qualifies and whether events arose from separate criminal episodes are statutory questions.
Misdemeanor and felony framework
One qualifying prior may implicate second-offense provisions. Two qualifying priors may implicate third-and-subsequent misdemeanor provisions.
A present DUI, DUI per se, or DWAI allegation occurring after three or more qualifying prior convictions from separate and distinct criminal episodes may support a class 4 felony charge.
Prior elements and separate DMV process
The Colorado Supreme Court has held that qualifying prior convictions are elements of felony DUI rather than only later sentencing facts.
A criminal court case and a separate DMV administrative matter can proceed independently. A result in one does not automatically resolve the other.
Common questions
Frequently asked questions
Does one qualifying prior automatically make a new DUI a felony?
No. One qualifying prior does not by itself meet Colorado’s repeat-DUI felony threshold.
How are two qualifying priors generally treated?
A new DUI, DUI per se, or DWAI allegation with two qualifying priors generally implicates third-and-subsequent misdemeanor provisions.
When can the repeat-DUI felony framework apply?
A present DUI, DUI per se, or DWAI allegation after three or more qualifying prior convictions from separate criminal episodes may support a class 4 felony charge.
Can an old or out-of-state conviction qualify?
It may qualify when the governing statutory conditions are met, including the identified-offense comparison for out-of-state conduct.
Can DUI and DWAI convictions both be part of the repeat-offense record?
Yes. Colorado’s repeat-offense provisions identify DUI, DUI per se, DWAI, and specified related offenses.
Does the criminal court case resolve every DMV issue?
No. Colorado courts and DMV administer separate proceedings.
Are qualifying prior convictions only sentencing facts in a felony DUI case?
No. The Colorado Supreme Court has held that qualifying prior convictions are elements of felony DUI.
Official Colorado and federal sources
These official government sources support the factual copy above. Source availability, laws, and agency information can change.
- Colorado Revised Statutes 2026, Title 42 — §§ 42-4-1301 and 42-4-1307
- Colorado General Assembly — Colorado Drunk Driving Laws summary
- Colorado Supreme Court — Linnebur v. People
- Colorado General Assembly — Cases of Note: Linnebur v. People
- Colorado DMV — Alcohol DUI
- Colorado DMV — Reinstatements
- Colorado DMV — Ignition Interlock Program
Sources checked August 22, 2026. Attorney reviewed August 22, 2026.