In Colorado, once a person has been charged with a fourth driving under the influence (DUI) offense, the violation will be elevated to a felony DUI. Individuals could face severe penalties for fourth offense DUI, including jail time and hefty fines. You should not plead guilty or try to handle the case on your own. Let Jenn and Justie at Nicol Gersch Law help protect your rights and your freedom.
If you have been charged with a fourth driving under the influence offense, a Colorado Front Range felony DUI lawyer could help your case. They could review the evidence and the facts of the case to build a strong defense. Seek help from a knowledgeable DUI attorney to learn about the penalties of a conviction and your legal options.
When a person has three prior DUI offenses on their record, and they have been charged with a fourth offense, it does not matter when those prior violations occurred in Colorado. The charge automatically elevated to a felony offense. Once the charge has been elevated to a felony DUI, the case will be reviewed in district court instead of the county court. The county court handles misdemeanor DUI cases.
The prosecutor will take the fourth offense DUI more seriously once it elevates to a felony. The penalties for the felony charge are going to be much more severe. A seasoned Colorado Front Range felony DUI lawyer could work to mitigate the charges.
A felony DUI is considered a class four felony and carries anywhere from two years up to six years in the Department of Corrections with up to a $500,000 fine. An experienced defense attorney and the prosecutor could work out a deal to minimize the penalties such as probation, work release, and community corrections.
Creating a defense strategy to defend a fourth offense DUI could be difficult because there is a negative stigma attached to them, such as putting the community at risk. Also, the stigma that they have not learned their lesson the first three times and which makes building a defense more difficult.
When building a defense, an experienced felony DUI attorney who handles cases throughout the Colorado Front Range will look at the facts of the case, including:
The diligent attorney will also determine if there have been prior DUI offenses. If there was a dismissal or they plead guilty to a different charge, then that could be a defense towards a fourth offense DUI.
When a person is charged with a felony DUI offense, it is important to seek legal counsel. Individuals should not try to fight the charges alone. Jenn and Justie at Nicol Gersch Law know the judges, the prosecutors, and could work with their clients to mitigate the case. In court, they could represent the defendant and explain any mitigating circumstances such as they are struggling with alcohol addiction, mental health issues, substance abuse issues, or circumstances that have caused the DUI to occur.
A Colorado Front Range felony DUI lawyer could help with plea-bargaining mitigation and work to help the defendant avoid lengthy incarceration. Call today to schedule a free 30-minute consultation.