Felony DUI Attorney in Fort Collins

Former Larimer County Prosecutors Defending Felony DUI Charges Since 1991

Most DUI arrests in Colorado result in misdemeanor charges. When the facts cross certain legal thresholds, a prosecutor can file the same conduct as a Class 4 felony, and everything changes: the court, the potential sentence, and the long-term consequences. Roselle & Breitigam, P.C. has defended felony charges in Fort Collins and throughout Northern Colorado since 1991. Our attorneys are former Deputy District Attorneys for Larimer County, giving them direct insight into how the prosecution builds felony cases and where those cases can be challenged.

Since the firm’s founding, we’ve represented clients on felony matters ranging from drug offenses and weapons charges to assault and homicide. That breadth of felony-level experience applies directly when the charge is a felony DUI.

If you’re facing a felony drunk driving charge in Fort Collins, call Roselle & Breitigam, P.C. now at (970) 238-7900 to schedule a free initial consultation, available in-office or virtually.

When Colorado Law Elevates a DUI to a Felony

Colorado’s felony DUI statute, codified at C.R.S. section 42-4-1301, creates three distinct paths to a felony charge:

• Fourth or subsequent conviction: A fourth or subsequent DUI, DUI per se, or DWAI conviction is generally a Class 4 felony, provided each qualifying prior arose from a separate and distinct criminal episode.
• Vehicular assault: Driving under the influence that causes serious bodily injury to another person can be charged as vehicular assault, a felony independent of any prior record.
• Vehicular homicide: Driving under the influence that results in death can be charged as vehicular homicide, also a felony regardless of prior convictions.

What a Class 4 Felony DUI Conviction Carries

The presumptive sentencing range for a Class 4 felony in Colorado runs from 2 to 6 years in prison, along with fines up to $500,000. If extraordinary aggravating circumstances apply, such as being on parole, probation, or bond for another felony at the time of the offense, that range can extend well beyond the standard maximum.

Even when a court sentences a defendant to probation rather than prison, Colorado law requires a mandatory minimum of 90 days in county jail as a condition of that probation, with up to 120 days if an approved alternative program such as work release is available. A fourth conviction also triggers a mandatory two-year driver’s license suspension. These are floors, not ceilings, which is why early legal intervention matters.

How We Defend Felony DUI Charges in Fort Collins

Felony DUI defense starts with the stop. We review police dashcam and bodycam footage to determine whether officers had a legitimate legal basis for pulling our client over. Without it, evidence obtained during that stop may be suppressible.

Challenging Chemical Test Evidence

Chemical test evidence gets the same scrutiny. We inspect breathalyzer calibration logs and examine chain-of-custody documentation for blood samples. A break in custody, an improperly maintained instrument, or a procedural deviation in the blood draw can undermine the prosecution’s core evidence.

When a fourth-offense charge is at issue, we also examine whether the alleged prior convictions actually qualify as separate, distinct criminal episodes under the statute. A conviction that doesn’t meet that standard shouldn’t count toward the felony threshold.

DMV Hearings & Prosecutor Negotiations

We file for a DMV express consent hearing to contest any administrative license suspension. That hearing also creates an early opportunity to cross-examine the arresting officer under oath before trial. As former Larimer County prosecutors, we understand how felony DUI cases are built and presented from the other side, and we use that knowledge when negotiating with prosecutors. Our goal in every case is to work to keep a felony conviction off our client’s record and to avoid prison time where the facts and law support that outcome.

Where Felony DUI Cases Are Prosecuted in Fort Collins

Misdemeanor DUI cases in Larimer County are handled by the County Court. Felony DUI charges move to a different venue: the Larimer County District Court, part of Colorado’s 8th Judicial District, which operates out of the Larimer County Justice Center in Fort Collins. Defendants facing felony charges there have the right to a jury trial, and the procedural demands of these cases are considerably more complex than a standard misdemeanor DUI proceeding.

Speak with a Felony DUI Lawyer in Fort Collins

Contact Roselle & Breitigam, P.C. at (970) 238-7900 for a free consultation, available in-office or virtually. The sooner you have an attorney reviewing your case, the more options may be available to you.