Can I Get a DUI…? Unconventional Ways You Might

When you hear “DUI,” most of us picture a drunk driver behind the wheel of a car. But under Colorado law, the definition of vehicle is broader—and the situations in which you can be charged for driving under the influence are more surprising. Let’s cover some strange scenarios below that could land you in hot water under Colorado law.

To be convicted of an alcohol-related traffic offense, you must be operating a “vehicle” under CRS § 42-4-1301. The statute that defines “vehicle” is CRS § 42-1-102 (112):

 “Vehicle” means a device that is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. “Vehicle” includes, without limitation, a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair, off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved exclusively over stationary rails or tracks or designed to move primarily through the air.

So, this can include things like bicycles, and e-scooters and even EPAMDs (electric personal assistive mobility devices). Yes, something like the Rascal scooters in the grocery store.

Notably, under CRS § 42-4-1301.1, the express consent statute uses the term “motor vehicle” not just “vehicle” like the DUI statute. Meaning, you could theoretically be charged with a DUI for a bike or other non-motorized vehicle, but you should not have driver’s license (DMV) consequences as a result.

Sitting in a Parked Car

Even if the car is parked, Colorado can still issue a DUI if you’re in “actual physical control” of the vehicle. That means if you’re in the driver’s seat with keys within reach—even if the engine’s off—law enforcement can charge you. Courts use factors like location of the car, whether seats are occupied, keys in ignition, or even if the heater’s running to determine control.

Avoiding a charge? Move to the back seat, remove keys, and clearly show you aren’t in control. Better yet, don’t even get in a car when you are intoxicated.

Driving a Boat (Boating Under the Influence – BUI)

Colorado—and federal law—treat boats similarly to motor vehicles when it comes to intoxication. While it’s technically called “Boating Under the Influence” (BUI), the principle stands: operating any watercraft while impaired is illegal and can result in penalties akin to a DUI. If you’re imbibing on a boat, you do NOT want to be the person operating/driving the watercraft. I think we’ve all seen it out on the lake where people like to crack open a cold one while they take turns waterskiing. If you are intoxicated, you do not want to get behind the wheel of your boat. Boating under the influence is very dangerous to yourself and others on the water. High speed, heavy equipment and intoxication are a deadly mix. It can be even more dangerous when water is added to the equation. Pick a Designated Driver for your boat, and have safe fun out on the lake.

Riding a Bicycle

Yes, you can absolutely get a DUI on a bike in Colorado. Under CRS § 42‑1‑102(112), “vehicle” includes any device capable of moving a person—including bicycles and e-scooters, but not wheelchairs, snowmobiles or tractors.

A BAC between 0.05% and 0.08% presumptively qualifies as Driving While Ability Impaired (DWAI); 0.08% or more is a DUI. Under‑21 riders face a near zero‑tolerance threshold of just 0.02% BAC.

Consequences? Fines, community service, possible jail, and even driver’s license suspension—particularly if you have prior offenses. Notably, license points are usually assessed only if the device was a motor vehicle, but the offense remains a criminal charge.

I have only seen one DUI on a bike in my career, and it was about 20 years ago. So, they are certainly uncommon. Many officers may not even know the law or might just tell the rider to walk their bike home safely. That is assuming they had a valid reason to stop a bicyclist in the first place.

Ultimately, biking under the influence is a safety issue for the bicyclist and for other vehicles on the road and pedestrians. I know some states have these mobile bar tours where people pedal a moving bicycle “bar” while an employee actually steers the contraption. Are the riders/drinkers simply passengers on this mobile bar? Probably. And I think an argument could be made that they aren’t in control of the vehicle (some states may not consider a bicycle a vehicle, so laws could vary).

Riding a Horse

Interestingly, horses are not considered vehicles under Colorado DUI statutes. That means you cannot be charged with a traditional DUI for riding a horse while intoxicated.

But… that doesn’t mean you’re free from legal consequences. If you’re drunk and riding dangerously, you may face a Class B traffic infraction under CRS § 42‑4‑805—for example, obstructing traffic or otherwise misbehaving—and a fine of $15–$100.

You could also be cited for disorderly conduct, reckless endangerment, or even animal cruelty if you harm or endanger the horse. You could also face city ordinance violations by riding your horse in locations that aren’t allowed. (check local ordinances in your city)

Golf Cart Operation

Even golf carts fall under DUI law in Colorado, assuming they meet the definition of a vehicle—and many do. Because DUI focuses on “vehicles,” not just motor vehicles, riding a golf cart while impaired can result in charges similar to a car DUI.

While specific Colorado case law on golf carts is limited, the statutory language and analogies (e.g., under state DUI rules, bicycles and e‑scooters count) suggest that being impaired in a golf cart could get you charged.

Skateboards (and other human-powered devices)

Skateboards? Possibly. Colorado law defines “vehicle” very broadly—as any device capable of moving a person or property. Some legal commentators argue that even human-powered devices like skateboards may qualify.

However, the “Express Consent” provisions (e.g., license suspension/duties to submit to a test) typically apply only to motor vehicles, not every “vehicle”.

So while a DUI charge for riding a skateboard drunk may be unusual, the broad statutory definitions leave room for interpretation. As I read the language of the definition for vehicle, a skateboard could certainly fit. I’ve never seen a DUI charged on a skateboard, but honestly, the last thing you want is to have to hire an attorney for your “skateboard DUI”. If you do get charged with a strange DUI, call me, let’s figure out some defenses together.

Summary Table

Mode of Operation	Vehicle under DUI Law?	Can You Get a DUI?
Parked Car (Actual Physical Control)	Yes	Yes
Boat (Watercraft)	Yes (BUI)	Yes
Bicycle	Yes	Yes
Horse	No	No (but other charges possible)
Golf Cart	Likely Yes	Yes
Skateboard/Human-Powered Devices	Possibly	Maybe, depending on facts

Final Thoughts

Colorado’s DUI law is surprisingly expansive. Colorado DUI law revolves around the concept of a vehicle. That means bicyclists, boaters, or anyone operating an entity capable of movement while impaired can face serious charges. In other words, you don’t have to be in a car or truck to get a DUI. Even seemingly innocuous choices, like sleeping in a parked car—or hopping on a golf cart after a few drinks—can lead to criminal consequences. And while horses occupy a unique legal niche, they’re not a guaranteed a break from the law if your conduct endangers others or the animal.

If you are facing DUI or related charges under unusual circumstances, it’s crucial to consult an experienced attorney who understands the nuances of Colorado law. Drive safe, and drink responsibly. But also bike, skateboard, scooter, golf, boat, and even “Rascal” safely.

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Will a DUI Show Up on My Background Check?

Applying for a new job is often an anxiety-inducing experience, especially if you have some things in your history that might cause a potential employer to second-guess your application.

Facing a DUI in Colorado raises more than legal alarms—it poses serious concerns for your future job prospects and even international travel. In this post, we’ll explore whether a DUI shows up on background checks, how long it stays on your record, and if it can affect travel to countries like Canada.

Can Employers Find Out About Your DUI?

Yes. In Colorado, a DUI conviction is considered a criminal offense and will almost always appear on both criminal background checks and driving record (DMV) checks. These searches are common during hiring processes, especially for positions requiring driving or security clearance.

Private employers generally can’t ask about criminal history on initial applications thanks to the “Ban the Box” rules—but once an applicant receives a conditional offer, background checks are common and will surface convictions.

When your DUI shows up, consequences can vary—from being passed over for a job to impacts on professional licensing. However, many employers are open to giving second chances, especially when they see evidence of personal growth since the conviction.

How Long Will a DUI Stay on Your Record?

Criminal Record

In Colorado, an adult DUI conviction remains on your criminal record permanently. It can only be sealed if: dismissed, you were found “not guilty”, or you successfully completed a deferred judgment.

Driving Record

DUI and DWAI convictions stay on your Colorado driver’s history forever. For purposes such as:

• License points count in 2-year cycles for adults (no more than 12 points in 12 months, or 18 in a 24-month period)
• Habitual offender: 7 years. 3 or more HTO offenses in a 7-year period will give you habitual traffic offender status.
• HTO offenses: DUI, DWAI, reckless driving, DUR/DUS, vehicular assault/homicide, failure to provide assistance in a deadly/injury crash.
• Insurance companies may have a policy where they look back a certain number of years, or a lifetime. Ask your provider about their policy.

These distinctions matter: while insurance companies and the DMV may focus on the driving record, employers often rely on criminal background checks (your official criminal record), where the DUI stays forever.

Can a DUI Record Be Removed or Hidden?

No—unless it’s not a conviction. Once convicted, a DUI stays visible forever under current Colorado law. Colorado does not allow sealing of DUI convictions.

However, if you were arrested but not convicted—meaning the charge was dismissed or acquitted—you can move to seal the case. This also works for successfully completed deferred judgments (also called deferred sentences).

What About Traveling to Canada—Will a DUI keep you out?

Unfortunately, yes. Canada considers DUI a serious criminal offense and treats it as grounds for inadmissibility—even for misdemeanors. If you have a DUI conviction and have plans to travel to Canada, verify your eligibility to enter before making the trip.

Key Points:

• Canada can access U.S. criminal and DMV records and may deny you entry regardless of how you travel or your intentions while in Canada. Even being a passenger doesn’t guarantee entry.
• A pending DUI charge can be treated as an indictment—meaning no presumption of innocence at the border.
• To regain admissibility, travelers with a DUI can apply for:
  • Temporary Resident Permit (TRP): Grants entry for a specific purpose/time.
  • Criminal Rehabilitation (CR): A longer-term solution after you’ve completed your sentence and waited 5 years. Call an attorney to discuss your options.

Don’t risk it, find out before you go if you will be allowed to enter foreign countries with a pending DUI or a DUI conviction.

Summary

Scenario	Outcome in Colorado	Background Check Visibility
DUI Conviction (Adult)	Criminal record permanent	Visible indefinitely
DUI Arrest, No Conviction	Sealable	Sealable
Deferred Judgment, Completed	Does not count as conviction in CO.	Sealable

Final Thoughts

A DUI conviction in Colorado is serious—and long-lasting. It remains on your record forever, shows up in background checks, affects your employment opportunities, and can even block your entry into countries like Canada unless you take proactive legal steps.

If you’re dealing with a DUI—whether for job applications, travel plans, or peace of mind—talk to a drunk driving attorney who understands Colorado’s DUI statutes and the implications of a conviction. We offer free consultations on DUI matters. If we can help you minimize your exposure or even avoid a conviction now, it can make a big difference for your future.

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What Should I Do If Someone Makes False Allegations Against Me?

False accusations can quickly turn your life upside down. Whether you’re facing baseless claims in the workplace or someone has made a false criminal report to law enforcement, the consequences can be devastating. At the McDowell Law Firm in Colorado Springs, we’ve represented many individuals who were wrongly accused—and we know how important it is to respond swiftly, strategically, and with experienced legal guidance.

You never know when someone will accuse you, but you can take action when it happens. If you’ve been falsely accused, here’s an outline of some important steps you should take when facing accusations:

False Accusation: What Should You Do?

Step 1: Don’t React out of Fear/Anger

Your initial reaction may be to defend yourself immediately, especially if the accusation is completely false. But emotional responses, particularly in writing or online, can be misinterpreted or used against you later. Many people lash out in fear or anger when falsely accused. It’s quite common, but that doesn’t mean it’s a good idea. You can potentially create new evidence that could be used against you later.

Avoid confronting the accuser or trying to explain yourself to others without legal counsel. Instead, stay quiet, stay focused, and start thinking strategically.

Example – Workplace:
A co-worker accuses you of making inappropriate comments. You’re tempted to send texts defending yourself or confronting them. Remember, anything you say may be forwarded to HR or legal counsel. Speak to your legal counsel about the best steps to protect yourself

Example – Criminal:
A neighbor falsely accuses you of assault. Do not talk to them or try to clear the air. This can be seen as witness tampering.
Remember: in a criminal case, you don’t need to disprove that something did or didn’t happen. The burden lies with the State. You are innocent until proven guilty. However, you should be proactive. Let’s keep going through the steps below.

Step 2: Preserve All Relevant Evidence

Start gathering everything that could help prove your innocence:

• Texts, emails, or social media messages
• Work schedules, GPS records, or security footage
• Eyewitness contact information
• Copies of workplace policies or complaint procedures (if applicable)

Organize these records and keep them in a secure location. Do not delete anything, even if you think it could be misunderstood. It’s good to preserve evidence, as you never know what will work in your favor.

Real-life example: Do you remember the Duke Lacrosse case? Duke University lacrosse players were falsely accused of sexual assault by an adult entertainer. ATM and fast-food receipts became very important in establishing an alibi for one of the young men. As more evidence was uncovered, photographs and eyewitness testimony showed that the alleged victim’s account was not truthful. A lying “victim” and an overzealous DA’s office created a perfect storm that changed many people’s lives. In that case, receipts became an important piece of evidence in unraveling the false allegations.

Step 3: Call a Criminal Defense Attorney Immediately

If you’re in Colorado Springs and have been falsely accused, reach out to an experienced criminal defense attorney right away. Even if you haven’t been charged, early legal representation can make a major difference. A defense lawyer will guide clients through these difficult moments and help prevent innocent people from being wrongfully charged or punished.

An attorney can:

• Communicate with HR or law enforcement on your behalf
• Advise you on what to say—and what not to say
• Begin gathering evidence and preparing your defense early

We have handled many cases where the evidence shows a victim’s story cannot be true. We can use investigators to interview witnesses and track down evidence that supports the truth. I can think of many cases where something simple became very important later. My first order of business is always the same: I’m going to tell you not to talk to anyone about the allegations without the advice and presence of your attorney. And 9 times out of 10, I’m still going to tell you it’s probably in your best interest not to make any statements at all. Why? Keep reading.

Step 4: Don’t Talk to Police or Investigators Alone

If law enforcement reaches out to you, do not speak to them without your lawyer present. It’s common to think that explaining your side will clear things up—but investigators are trained to ask questions in ways that can trap you.

Even saying, “I didn’t do anything wrong,” can be twisted later. Any statement can and will, be used against you. Answering any question about: who, where, why, what, how…is all part of the police’s investigation

Instead, politely say:

“Before we go any further, I need to speak with my attorney first.”

Then call your lawyer. And stop talking.

Some of the most damaging false accusations are of a sexual nature. Whether it be inappropriate workplace behavior or a sexual assault, false allegations of this nature can get you fired or sent to prison. There are typically only two people who know the truth in these situations. Beyond the “he said, she said” police are looking for physical evidence, or other proof that an assault occurred. What do police often ask in sexual assault cases? Whether there was consensual sexual contact. They want to know if the parties engaged in any behavior that could leave DNA evidence or signs of other physical trauma. They also want to lock in the parties to their stories early in the case.

These early steps in an investigation play a large part in how the case proceeds. When I hear people say,” I didn’t do anything wrong, why would I need an attorney?” Innocent people need guidance as well. They also need to defend themselves against the State when they are facing criminal charges. When in doubt, shut your mouth. Less is more in cases where you are being investigated for wrongdoing.

Step 5: Follow All Legal and Administrative Processes

If you’ve been accused of misconduct at work, follow your employer’s procedures—with your attorney’s help. If you’ve been falsely accused of a crime, attend all court dates and comply with any legal requirements.

Avoid discussing your case publicly. That includes social media, where even vague posts can be taken out of context. Your attorney can provide guidance and advice on your next best steps. Every case is unique, and hopefully, you haven’t been through this before. The best criminal defense attorneys have handled dozens, if not hundreds, of cases very similar to what you’re going through. They know how to “stop the bleeding” and to start making decisions to protect your interests. I handle cases every day where my clients disagree with what is written in police reports and witness statements. And every case needs a nuanced and individual approach to confront the allegations. In many cases, a person’s reputation and freedom are on the line.

Real-World Examples from Colorado

At the McDowell Law Firm, we’ve successfully defended clients facing false allegations like:

• Domestic Violence: A man was falsely accused by a former partner of abuse, including strangulation with serious bodily injury. He was charged with 2 counts of first-degree assault. At trial, the alleged victim’s testimony was contradictory to her first version of events. On cross-examination, her doctor admitted that her wounds could have been pre-existing. Not guilty on all counts.
• Assault: A client was accused of physical violence after a dispute at a bar. Security footage and eyewitness testimony showed that the alleged victim was clearly the aggressor and our client acted in self-defense. All charges were dismissed.
• Drunk Driving: A client was stopped for weaving and refused chemical testing. She testified she was at a Halloween party and only had one drink, but did poorly on roadside tests (field sobriety) based on her costume and shoes. At trial, a jury found her not guilty of all counts.

Final Thoughts

False accusations are serious—but you are not powerless. With the right legal strategy, you can protect your reputation, career, and freedom. The most important thing you can do is act quickly and contact a lawyer before things escalate.

At the McDowell Law Firm, we’re here to help. If you’re facing a false accusation in Colorado, schedule a confidential consultation with our experienced defense team today.

Frequently Asked Questions (FAQ)

Q: Can I be arrested based on a false accusation?
A: Yes. In Colorado, if someone files a police report, law enforcement may arrest you even before the facts are fully investigated if the officers believe they have probable cause for the arrest/charges. Probable cause is a very low standard. That’s why hiring a defense attorney immediately is so important.

Q: Should I confront the person making the false allegation?
A: No. Confronting your accuser—especially in person or via text—can escalate the situation and even lead to harassment or intimidation charges. Let your lawyer handle all communication.

Q: What should I do if HR asks me for a statement about a workplace complaint?
A: Politely request time to consult with legal counsel before submitting anything. An attorney can help you write a response that protects your rights and prevents misinterpretation.

Q: Can false allegations affect my job or professional license?
A: Absolutely. Even unproven claims can lead to suspension, termination, or disciplinary action from licensing boards. That’s why early legal guidance is crucial for professionals in healthcare, education, law enforcement, and more.

Q: I wasn’t charged yet—should I still hire a lawyer?
A: The sooner you get legal advice, the better your chances of avoiding charges altogether. We often help clients shut down investigations before they lead to formal charges.

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What Is Domestic Assault? Understanding Colorado Law, Charges, and How to Report It

Domestic assault remains a serious, often misunderstood issue affecting individuals across Colorado. While the term “domestic assault” is commonly used, Colorado law does not define it as a distinct offense. Instead, actions involving violence or threats within intimate relationships are charged under standard criminal statutes—like assault or harassment—with a domestic violence (DV) designation.

This guide breaks down the key legal concepts, common types of abuse, who can be affected, how domestic assault is charged in Colorado, and what you can do if you’re a victim—or if you’ve been accused.

What Is Domestic Assault in Colorado?

In everyday language, domestic assault refers to acts of physical harm, threats, or coercive behavior committed by a partner, family member, or someone in the same household. It includes more than physical violence—emotional, financial, and psychological abuse often go hand-in-hand.

But in Colorado, there is no standalone crime called “domestic assault.” Instead, prosecutors charge conduct as:

• Assault (1st, 2nd, or 3rd degree),
• Harassment,
• Stalking,
• Menacing,
• or False Imprisonment,
  and attach a domestic violence designation if the offense occurred within an intimate relationship (C.R.S. § 18-6-800.3).

This designation can result in enhanced penalties, mandatory treatment, and loss of firearm rights, even for misdemeanor convictions.

Domestic Assault vs. Domestic Violence: What’s the Difference?

While often used interchangeably, there’s a distinction:

• Domestic assault is an informal term usually referring to a specific act of physical violence or threat. It can be any level of assault, misdemeanor, or felony, against an intimate partner.
• Domestic violence, under Colorado law, refers to a broader pattern of abuse—including emotional, sexual, economic, or coercive conduct—committed against someone in an intimate relationship. Domestic violence can be assault-related, but it can also include many other types of behaviors. Charges like violation of protection order, criminal mischief, harassment, and more.

Types of Abuse That May Be Charged as Domestic Violence

Recognizing abuse early is key to preventing escalation. In Colorado, domestic violence can apply to many forms of abuse:

1. Physical Abuse

Hitting, slapping, choking, shoving, or using weapons. Physical violence often leads to assault charges under C.R.S. § 18-3-202 through 204.

2. Emotional and Psychological Abuse

Gaslighting, threats, isolation, or verbal degradation that controls or intimidates the victim. While not always criminal alone, these behaviors can support harassment or menacing charges.

3. Sexual Abuse

Non-consensual sex acts—even within marriage—can lead to charges under C.R.S. § 18-3-402. Consent is always required, and sexual assault with a DV designation carries harsh penalties.

4. Technological Abuse

Using GPS, social media, or cell phones to monitor, stalk, or harass a partner. These behaviors may result in stalking (C.R.S. § 18-3-602) or harassment charges.

Who Can Be Affected?

Domestic violence can occur in any household or relationship, including:

Victims may include:

• Women, men, or nonbinary individuals
• Children in violent households
• Elderly
• Individuals with disabilities
• LGBTQ+ individuals
• Immigrants afraid to speak up due to legal status
• Teenagers in dating relationships

Perpetrators may include:

• Current or former intimate partners
• Parents, adult children, or siblings
• Caregivers or roommates
• Individuals who use power, control, or intimidation in relationships

The main take-away is that in Colorado, DV means acts committed against a current or former intimate partner. Such as a boyfriend/girlfriend or spouse. It does not include parents, siblings, or children.

How Colorado Classifies Assault Offenses in Domestic Violence Cases

In Colorado, “domestic assault” charges will fall under one of several general assault statutes, with the domestic violence label added if applicable.

1. First-Degree Assault (C.R.S. § 18-3-202)

• Class 3 felony
• Intentional serious bodily injury with a deadly weapon
• Penalty: 10–32 years in prison if classified as a crime of violence

2. Second-Degree Assault (C.R.S. § 18-3-203)

• Class 4 felony
• Causing serious bodily injury without a deadly weapon
• May involve strangulation or injury during an emotional confrontation

3. Third-Degree Assault (C.R.S. § 18-3-204)

• Class 1 misdemeanor (extraordinary risk)
• Knowingly or recklessly causing bodily injury (even minor)
• Includes shoving, slapping, or punching

4. Harassment (C.R.S. § 18-9-111)

• Class 3 misdemeanor or Class 1 if contact involved
• Repeated unwanted communication, insults, threats, or following

If any of these acts occur against a person in an intimate relationship, prosecutors will apply a domestic violence enhancer, which results in mandatory protection orders and domestic violence counseling.

Is Domestic Assault a Felony or Misdemeanor?

Whether a domestic assault a felony or not, the answer depends on the severity of the act:

Severity	Possible Charges
Minor physical injury	Third-degree assault (misdemeanor)
Serious bodily injury or strangulation	Second-degree assault (felony)
Use of deadly weapon	First-degree assault (felony)
Harassment or repeated threats	Harassment (misdemeanor, DV enhancement possible)
Prior DV convictions	May result in habitual offender felony status (C.R.S. § 18-6-801)

In all cases, domestic violence charges should be taken seriously—even misdemeanors carry significant collateral consequences.

Mandatory Arrest & Protective Orders in Colorado

Mandatory Arrest

Colorado is a mandatory arrest state (C.R.S. § 18-6-803.6). If police have probable cause to believe a domestic violence act occurred, they must arrest the suspect, even if the victim does not want to press charges.

Mandatory Protection Orders

Courts issue a mandatory protection order (C.R.S. § 18-1-1001) after arrest. It prohibits:

• Contact with the victim
• Possession of firearms
• Returning to the shared home

Violation of this order is a separate criminal offense and can be charged as a Class 1 misdemeanor.

Penalties for Domestic Violence Convictions in Colorado

Whether charged as a misdemeanor or felony, domestic violence carries serious legal and personal consequences:

• Jail or Prison Time
  Ranges from a few months (misdemeanor) to over 30 years (felony).
• Mandatory Domestic Violence Counseling
  Conviction requires participation in a state-approved treatment program through the Domestic Violence Offender Management Board (DVOMB).
• Loss of Firearm Rights
  A single DV conviction results in permanent loss of gun ownership rights under state and federal law (C.R.S. § 18-12-108).
• Impact on Custody, Immigration, and Employment
  DV convictions may affect:
  • Parental rights
  • Immigration status
  • Background checks for jobs or housing

Can a Domestic Violence Charge Be Sealed in Colorado?

Sealing a DV-related criminal record in Colorado is extremely limited:

Case Outcome	Eligible for Sealing?
Charges dismissed or acquitted	Yes (C.R.S. § 24-72-705)
Deferred judgment successfully completed	Yes
Misdemeanor DV conviction	Generally not sealable under C.R.S. § 24-72- 706
Felony DV conviction	Not sealable

If your case was dismissed, speak with a criminal defense attorney about filing a motion to seal.

How to Report Domestic Assault in Colorado

If you or someone you know is in danger, follow these steps:

1. Call 911 immediately if there is a threat of harm.
2. Go to a safe location—a friend’s home, shelter, or police station.
3. Cooperate with officers and request a case number.
4. Seek help from local organizations such as:
   • TESSA (Colorado Springs)
   • National Domestic Violence Hotline (800-799-7233)
   • Colorado Coalition Against Domestic Violence (Violence Free Colorado)

How a Domestic Violence Lawyer Can Help You

A skilled Colorado DV attorney can:

• Explain your rights clearly
• Represent you in court
• Help file or contest protection orders
• Negotiate plea deals or advocate for diversion programs
• Assist with sealing eligible records
• Connect you with support services

The McDowell Law Firm Is Here to Help

At McDowell Law Firm, we understand how frightening, complex, and emotional domestic violence cases can be. If you’ve been arrested or charged with a DV, we bring skilled legal support with compassion and clarity.

We handle both felony and misdemeanor domestic violence cases throughout Colorado Springs and the surrounding areas. We also represent clients falsely accused of abuse and help them preserve their reputations, rights, and families.

Contact us today for a confidential consultation and start building your defense. Call 719-227-0022 to speak to an experienced Colorado Springs Domestic violence lawyer today.

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Is Domestic Violence a Felony in Colorado?

Being accused of injuring someone in your home—especially in a romantic or family relationship—can be a life-altering experience. You may face arrest, criminal charges, restraining orders, and even loss of child custody, housing, or employment. Whether this is your first accusation or you have prior charges, the legal consequences of domestic violence can be extremely serious.

If you’re wondering whether domestic violence is a felony, what charges you might face, and what your rights are, this guide will walk you through Colorado’s domestic violence laws. You’ll learn how charges are classified, what penalties you may face, and how a skilled domestic violence defense attorney can help protect your future.

What Is Felony Domestic Violence in Colorado?

In Colorado, domestic violence is not a separate crime, but rather a legal designation added to other criminal offenses when the alleged act is committed against someone with whom the accused has an intimate relationship (C.R.S. § 18-6-800.3). That can include current or former spouses, dating partners, co-parents, or cohabitants.

Crimes such as assault, stalking, false imprisonment, harassment, or sexual assault may be charged with a domestic violence designation. This enhancement increases penalties, mandates treatment, and may affect firearm rights.

Colorado law classifies felonies into six levels, with Class 1 being the most serious and Class 6 the least. Domestic violence charges may fall into any of these categories based on the underlying offense, and prior convictions can elevate otherwise lower-level crimes.

Examples of Felony Domestic Violence Charges

Here are some common felony charges that may be enhanced with a domestic violence designation:

1. Aggravated Assault: Assault that results in serious bodily injury or involves a deadly weapon may be charged as first- or second-degree assault (Class 3 or 4 felony). When committed against a spouse or partner, the DV label increases the severity and sentencing requirements.
2. Sexual Assault: Non-consensual sex acts may be charged as a felony. When the victim is a current or former intimate partner, this offense carries enhanced penalties and typically requires sex offender registration and mandatory prison time.
3. Stalking (C.R.S. § 18-3-602): Repeated, unwanted following or contact that causes fear can be charged as a Class 5 felony, or Class 4 if there’s a restraining order in place. Stalking in the context of domestic violence is treated with great seriousness by prosecutors.
4. False Imprisonment (C.R.S. § 18-3-303): Typically a Class 2 misdemeanor, but can be elevated to a Class 5 felony if the victim is confined for over 12 hours or threatened with force. Domestic violence context may increase the likelihood of felony charges.
5. Violation of a Protection Order (C.R.S. § 18-6-803.5): A first-time violation is generally a Class 2 misdemeanor, but if the offender has prior DV convictions or the violation includes violence, it may be charged as a Class 5 felony.

Is Domestic Violence a Felony or Misdemeanor in Colorado

The key differences between misdemeanor and felony DV charges depend on:

1. Severity of the Offense
   • Misdemeanors involve minor injury, harassment, or threats.
   • Felonies involve serious bodily injury, use of weapons, or sexual misconduct.
2. Criminal History
   • First-time offenders may face misdemeanor charges.
   • Repeat offenders may face felony charges under habitual offender provisions.
3. Mandatory Enhancements
   If someone has three or more prior DV convictions, any new DV-related offense can be charged as a Class 5 felony under the Habitual Domestic Violence Offender statute (C.R.S. § 18-6-801(7))—even if the underlying charge is a misdemeanor.

Is Domestic Violence a Felony: Penalties and Sentencing

Felony DV convictions carry severe, life-altering penalties, including:

1. Incarceration: Depending on the felony class, sentences will vary. Repeat offenders or crimes involving weapons, children, or extreme violence receive longer terms.
2. Fines: Fines can range from $1,000 to $750,000, depending on the felony level. Courts may also impose restitution to compensate the victim.
3. Mandatory Domestic Violence Treatment: Colorado mandates a specialized treatment program through the Domestic Violence Offender Management Board (DVOMB), which must be completed as a condition of probation or parole (C.R.S. § 16-11.8-103).
4. Restraining and Protection Orders: A mandatory protection order is entered at arraignment under C.R.S. § 18-1-1001, prohibiting contact with the victim. These orders often remain in effect during the case and can extend for years afterward.
5. Loss of Firearm Rights: Federal and Colorado law (C.R.S. § 18-12-108) permanently bar individuals convicted of a felony or any domestic violence misdemeanor from owning or possessing firearms. This prohibition has serious implications for military personnel, hunters, and security professionals.
6. Collateral Consequences: A felony conviction can impact child custody, immigration status, housing eligibility, and future employment—especially jobs requiring background checks or professional licenses.

Habitual Domestic Violence Offender Enhancements

Under C.R.S. § 18-6-801(7), a person convicted of three or more prior offenses involving domestic violence may be labeled a Habitual Domestic Violence Offender. This enhancement allows prosecutors to charge a fourth domestic violence offense as a Class 5 felony, regardless of whether the underlying crime would normally be a misdemeanor.

Penalties for a Class 5 felony include:

• 1 to 3 years in prison
• 2 years of mandatory parole
• $1,000 to $100,000 in fines

This provision is designed to deter repeat offenders and protect victims from escalating patterns of abuse. Courts take habitual DV designations seriously and often impose longer sentences accordingly.

Record Sealing and Expungement for Domestic Violence Offenses

Colorado does not allow expungement of adult criminal convictions (except for certain juvenile cases). However, you may be eligible to seal your criminal record under specific circumstances.

1. Felony domestic violence convictions are not sealable, even after many years.
2. Misdemeanor DV convictions generally cannot be sealed.
3. If your case resulted in dismissal, acquittal, or successful completion of a deferred judgment, you may petition the court to seal your record under C.R.S. § 24-72-705.
4. Record sealing is not automatic and requires the filing of a motion, proper documentation, and potentially a court hearing.

Because of these complexities, consult with a criminal defense lawyer to assess your eligibility and guide you through the process.

Mandatory Arrest & No-Drop Policies in Colorado

Colorado is a mandatory arrest state when domestic violence is reported. Under C.R.S. § 18-6-803.6, law enforcement officers must arrest a suspect if they have probable cause to believe an act of domestic violence occurred. This is true even if the victim does not want to press charges.

In addition, courts automatically issue a mandatory protection order after any arrest for domestic violence (C.R.S. § 18-1-1001). The order may require the accused to:

• Vacate the shared residence
• Avoid all contact with the victim
• Surrender firearms

Violating this order is a separate criminal offense and may lead to additional jail time.

Why You Need a Domestic Violence Attorney?

Domestic violence allegations—especially felonies—can result in prison time, financial loss, and a lifelong criminal record. If you’re facing charges, don’t wait. Here’s how a skilled defense attorney can help:

1. Protect Your Rights: From arraignment to trial, your attorney ensures fair treatment and safeguards your constitutional rights, including protection against self-incrimination or unlawful searches.
2. Build a Strong Defense: Whether you were falsely accused, acted in self-defense, or misunderstood the situation, your lawyer can challenge evidence, cross-examine witnesses, and present mitigating facts.
3. Negotiate Alternatives: In some cases, your attorney may secure a plea bargain for reduced charges, probation, or diversion programs—keeping a felony conviction off your record.
4. Advise on Sealing and Compliance: Your lawyer helps you understand court orders, stay compliant, and take steps toward future sealing or expungement where legally allowed.

Contact McDowell Law Firm for Domestic Violence Defense in Colorado

At McDowell Law Firm, we understand the high stakes of domestic violence charges—especially when felony accusations threaten your freedom, your family, and your future. Whether you’re a first-time defendant or facing charges as a habitual offender, we provide compassionate, strategic defense tailored to your case.

We know Colorado’s domestic violence laws inside and out. We’ll work to protect your rights, challenge the allegations, and build a strong path forward.

Call McDowell Law Firm today to schedule a confidential consultation and take the first step toward your defense.

The post Is Domestic Violence a Felony in Colorado? first appeared on McDowell Law Firm.

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What Is Second-Degree Assault in Colorado?

Facing assault charges can be overwhelming, especially when charges like “second-degree assault” come into play. In Colorado, this offense carries serious legal consequences, including mandatory prison time in many cases. Understanding the law, your rights, and the distinctions between different degrees of assault is critical to protecting yourself.

This comprehensive guide will explain how Colorado defines second-degree assault, the legal elements prosecutors must prove, potential penalties, available defenses, and how this charge compares to other assault classifications under state law.

Legal Definition: Second-Degree Assault in Colorado (C.R.S. § 18-3-203)

Under C.R.S. § 18-3-203, Colorado law defines second-degree assault as intentionally, knowingly, or recklessly causing bodily injury to another person under certain aggravating circumstances. These may include:

• Using a deadly weapon
• Causing serious bodily injury
• Assaulting a peace officer, firefighter, EMT, or other protected professional while they are performing their duties
• Causing unconsciousness or injury by administering drugs or other harmful substances without consent
• Intentionally causing bodily injury while in custody

Second-degree assault is typically charged as a Class 4 felony, but certain aggravating factors—such as serious bodily injury or the use of a deadly weapon—can elevate it to a “crime of violence” under C.R.S. § 18-1.3-406, triggering mandatory prison time.

Bodily Injury vs. Serious Bodily Injury: Why It Matters in Second-Degree Assault?

Colorado law draws an important distinction between “bodily injury” and “serious bodily injury,” and the classification directly affects charges and penalties.

Term	Legal Definition
Bodily Injury	Physical pain, illness, or impairment of physical/mental condition (e.g., bruises, cuts, soreness)
Serious Bodily Injury	Injury that involves a substantial risk of death, permanent disfigurement, or loss/impairment of a body part or organ (e.g., broken bones, deep wounds, internal bleeding)

Why This Matters:

• Bodily injury may support a misdemeanor or standard felony charge.
• Serious bodily injury often elevates a case to a “crime of violence,” which requires a minimum of 5 years in prison.

Prosecutors rely heavily on medical records and expert opinions to determine the classification.

Key Legal Elements Prosecutors Must Prove

To secure a conviction for second-degree assault in Colorado, the prosecution must prove one or more of the following elements beyond a reasonable doubt:

1. Intent to Cause Bodily Injury: The defendant knowingly intended to injure the victim, even if the actual injury was less severe than intended.

2. Use of a Deadly Weapon: Any object capable of causing death or serious injury—like a gun, knife, bat, or even a glass bottle—can qualify. The law considers not just the object but how it was used.

3. Recklessly Causing Serious Bodily Injury: Even without intent, a person can be convicted if their reckless behavior causes serious injury (e.g., throwing objects, dangerous driving).

4. Assaulting a Protected Person: Intentionally injuring a police officer, firefighter, EMT, or other protected person while they’re performing their duties qualifies—even if the injury is minor.

5. Drugging Someone Without Consent: Knowingly administering a drug or substance to cause harm or incapacity, without the person’s consent, also constitutes second-degree assault.

Felony Classifications and the “Heat of Passion” Defense

Standard Classification in Second-Degree Assault

Second-degree assault is typically a Class 4 felony, punishable by:

• 2 to 6 years in prison, or
• 5 to 16 years if enhanced as a crime of violence

Class 6 Felony in Second-Degree Assault – Heat of Passion

If the offense occurred in a “heat of passion”—a sudden, intense reaction to serious provocation—the charge may be reduced to a Class 6 felony:

• 12 to 18 months in prison
• May allow probation or lower sentencing

Judges evaluate whether a reasonable person would have been provoked to act similarly.

Class 3 Felony in Second-Degree Assault – Protected Victim

If the victim is a peace officer or emergency responder and suffers serious bodily injury, the charge can be enhanced to a Class 3 felony:

• 4 to 32 years in prison if labeled a crime of violence

Real-World Examples of Second-Degree Assault

Here are common scenarios that lead to second-degree assault charges in Colorado:

• Bar Fight with a Bottle: Smashing a bottle over someone’s head during a fight (deadly weapon + injury). If the injury is serious, it could raise to First Degree.
• Knife Attack in a Dispute: Slashing someone’s arm during a neighbor argument.
• Domestic Violence with a Bat: Hitting a partner with a baseball bat in an argument.
• Road Rage Incident: Striking another driver with a tire iron during a confrontation.
• Firearm Used to Injure: Firing a gun and hitting someone in the leg, even if not fatal.

All of these examples involve either a deadly weapon, serious bodily injury, or intent to harm. Think of it this way: Second Degree Assault: Serious bodily injury (SBI) or a deadly weapon. First Degree Assault is often charged where there is SBI and a weapon. Third Degree Assault is where there is no deadly weapon or SBI. This is an oversimplification, but it works as a guideline in many assault cases when trying to determine how a charge will be filed.

Sentencing Guidelines and Penalties

Classification	Penalty Range	Conditions
Class 4 felony (standard)	2–6 years prison + 3 years parole	Probation possible in some cases
Class 4 felony + Crime of Violence	5–16 years prison (mandatory)	Applies when weapon or serious injury is involved
Class 6 felony (heat of passion)	12–18 months prison	Probation may be available
Class 3 felony (protected victim + serious injury)	4–32 years prison	Applies when victim is peace officer, EMT, etc.

In all cases, a conviction also carries:

• Permanent felony record
• Loss of firearm rights
• Restitution to the victim
• Impact on employment and housing

Defenses to Second-Degree Assault Charges

Common legal defenses include:

• Self-Defense: You acted reasonably to protect yourself or others from immediate harm.
• Lack of Intent: You did not act with intent to harm (relevant in heat-of-passion or reckless cases).
• False Allegations: The accusation may be fabricated, exaggerated, or retaliatory.
• No Serious Injury: The alleged harm doesn’t meet the legal threshold for serious bodily injury.
• Mistaken Identity: You were not the person who committed the act.

A skilled defense attorney will examine the evidence, interview witnesses, and evaluate whether law enforcement followed correct procedures during arrest and investigation.

When to Hire a Criminal Defense Lawyer

You should contact a criminal defense attorney as soon as you’re under investigation or arrested for second-degree assault. These charges carry mandatory prison time in many cases, and early legal representation can protect your rights, challenge weak evidence, and improve your chances of reduced charges or dismissal.

The McDowell Law Firm Can Help

At McDowell Law Firm, we defend clients facing all levels of assault charges throughout Colorado Springs and the surrounding areas. Whether your case involves self-defense, mistaken identity, or a misunderstanding, we will fight to protect your future.

Attorney Josh McDowell understands that one moment should not define your life. If you’re accused of a violent felony, let us advocate for you with precision, discretion, and strength.

Contact us today for a confidential consultation and start building your defense. 719-227-0022.

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What Is First Degree Assault in Colorado Springs?

Facing a serious criminal charge like first-degree assault can feel overwhelming and life-altering. Whether you are under investigation, already charged, or trying to support somebody, understanding the legal landscape is critical. Colorado law takes violent offenses very seriously, and first-degree assault sits among the most severe.

A conviction can result in decades of prison time or a permanent criminal record. There will also be long-term personal consequences that can affect your future, relationships, and employment.

However, you are not alone, and having the right knowledge is your first line of defense. In this blog, we will break down everything you need to know about first-degree assault in Colorado. We will explain what the law says, how it’s classified, what the prosecution must prove, and the penalties involved. You will also learn about potential defenses, the statute of limitations, and how a skilled criminal lawyer can assist you.

What Constitutes First-Degree Assault in Colorado?

First-degree assault in Colorado is one of the most serious violent crime charges a person can face. It involves intentionally causing serious bodily injury to another person, often with a deadly weapon. The law doesn’t take this lightly, and neither should you. If you are facing first-degree assault charges, your freedom, reputation, and future could all be at stake.

Colorado law classifies this offense as a Class 3 felony, which carries a prison sentence of 10 to 32 years. The charge often arises in high-stress situations where emotions escalate quickly. Perhaps it began as an argument or a misunderstanding, but it ultimately had irreversible consequences. And suddenly, you are not just defending your actions—you are fighting for your life.

When people ask, “What is first-degree assault?” they often don’t realize how broad the scope can be. It includes much more than just physical violence. It also includes actions like permanently disfiguring someone or severely injuring a protected individual, such as a peace officer. Even if you didn’t intend for things to go so far, intent plays a huge role in how prosecutors build their case.

Understanding the Legal Definition Under CRS § 18-3-202

Under Colorado statute CRS § 18-3-202, first-degree assault represents the most serious level of assault under state law. This statute outlines specific legal elements that prosecutors must prove beyond a reasonable doubt. If you or someone you care about is facing a charge under this statute, it’s crucial to understand what the law says—because your future may depend on it.

According to CRS § 18-3-202, a person commits first-degree assault if they:

• Intentionally cause serious bodily injury to another person using a dangerous weapon;
• Cause permanent disfigurement or protracted loss or impairment of any bodily function;
• Act with extreme indifference to human life and cause injury under circumstances that create a grave risk of death;
• Cause serious bodily injury to a peace officer, firefighter, or emergency medical provider engaged in the performance of their duties.

Every word in the statute matters. Prosecutors use these elements to construct their case and advocate for the most severe penalties. Once charges are filed, the system begins moving against you—which is why understanding the statute is essential for mounting an effective defense.

Felony Classification: Why First-Degree Assault Is a Class 3 Felony

When you face a first-degree assault charge under Colorado law, it falls under a Class 3 felony—an extremely serious offense. If convicted, you could face significant prison time, substantial fines, and a permanent criminal record.

A Class 3 felony in Colorado carries a presumptive sentencing range of 10 to 32 years in prison, particularly because first-degree assault is classified as a “crime of violence” under CRS § 18-1.3-406. This means enhanced sentencing rules apply, and the court has limited discretion in reducing penalties.

In comparison, a Class 2 felony carries even steeper penalties, but Class 3 felonies like first-degree assault are still considered life-altering. Conviction also carries long-term consequences such as the loss of firearm rights and severe barriers to employment and housing.

Incarceration is just one part of the punishment—your reputation, livelihood, and personal life may all be permanently impacted.

Core Legal Elements That Define First-Degree Assault

Each element of first-degree assault plays a critical role in how prosecutors build their case:

1. Intent to Cause Serious Bodily Injury: Prosecutors must prove that you intended to cause serious harm. This means the act was not accidental or in self-defense—it was deliberate. Your state of mind at the time of the incident is a key focus in court.
2. Use of a Deadly Weapon: A deadly weapon, such as a knife, gun, or blunt object, greatly increases the severity of an assault charge. Using one suggests a higher level of planning or recklessness and raises the stakes dramatically.
3. Causing Permanent Disfigurement or Disability: Permanent physical injuries—such as loss of a limb, severe scarring, or brain damage—can trigger first-degree assault charges. The court treats long-term injuries as particularly serious.
4. Extreme Indifference to Human Life: Actions like firing into a crowd or driving a vehicle into a group can qualify as first-degree assault, even if no one is killed. The law views these acts as showing disregard for human life.
5. Assault on a Protected Person: Causing serious injury to peace officers, firefighters, or EMTs while they’re on duty qualifies as first-degree assault, even if no weapon was used. The law imposes harsher penalties when public safety workers are harmed.

Real-Life Examples of First-Degree Assault

1. Stabbing Someone During an Argument: Using a knife to stab someone during a fight is classic first-degree assault—weapon use, intent to harm, and serious injury.
2. Using a Car as a Weapon: Intentionally running someone over with a vehicle qualifies as first-degree assault due to the use of a dangerous weapon and intent.
3. Causing Permanent Brain Injury in a Fight: Repeatedly striking someone and causing lasting brain damage will trigger this charge due to the permanent impairment inflicted.
4. Firing into a Crowd Without Hitting Anyone: Even without physical injury, the reckless endangerment of multiple people shows extreme indifference and satisfies the legal threshold.
5. Striking a Police Officer with a Bat: Harming a protected person while they perform official duties elevates the crime. Even improvised weapons can lead to enhanced charges.

Differences Between First Degree vs Second Degree vs Third Degree Assault

Degree	Key Factors	Severity
First-Degree	Intent to cause serious bodily injury; use of weapon; permanent disfigurement; extreme indifference	Class 3 felony (10–32 years)
Second-Degree	Causes injury with intent but not permanent harm; may involve resisting arrest	Class 4 felony
Third-Degree	Reckless or knowing conduct that causes minor injuries	Class 1 misdemeanor

Penalties and Consequences of First-Degree Assault in Colorado

1. Long-Term Incarceration: A conviction results in 10 to 32 years in prison. Because it is a crime of violence, Colorado law requires that a substantial portion—often at least 75%—of the sentence be served before parole eligibility under CRS § 18-1.3-406.
2. Substantial Financial Penalties: Courts may impose fines of $3,000 to $750,000, reflecting the gravity of the offense and societal harm.
3. Loss of Civil Rights: Conviction means permanent loss of firearm rights and temporary loss of voting rights while incarcerated. Professional licensing and employment prospects may also be permanently limited.
4. Collateral Consequences: A conviction can impact child custody, immigration status, and access to housing and financial aid.
5. Aggravating Factors May Increase Penalties: Assault involving protected victims, weapons, or repeat offenses may result in consecutive sentencing or other penalty enhancements.

Effective Legal Defenses Against First-Degree Assault Charges

• Self-Defense or Defense of Others: If you were protecting yourself or someone else from immediate harm, this is a legally valid defense under Colorado law.
• Lack of Intent: First-degree assault requires intent. If your conduct was accidental or lacked the intent to cause serious injury, your charge may not meet the legal standard.
• Mistaken Identity or False Accusation: In chaotic situations, eyewitnesses may be mistaken. Your defense attorney can use surveillance, witness testimony, or forensic evidence to contest identification.
• No Use of a Deadly Weapon: If the prosecution cannot prove that you used a weapon, or if the object used doesn’t meet the legal threshold of a deadly weapon, this could lead to reduced charges.
• Injury Was Not Serious or Permanent: Demonstrating that the injury was minor or temporary can undermine the charge of first-degree assault and possibly reduce it to second- or third-degree assault.
• Heat-of-Passion Consideration: While heat-of-passion is not a full defense, it can reduce a first-degree assault charge to second-degree assault under CRS § 18-3-203(2)(a) if certain conditions are met—such as sudden provocation in a highly emotional situation.

Statute of Limitations for First-Degree Assault

In Colorado, the standard statute of limitations for felony assault is five years. However, in cases involving serious bodily injury, use of a deadly weapon, or where DNA evidence is present, prosecutors may have up to ten years to file charges (C.R.S. § 16-5-401). Don’t assume time alone will protect you—consult an attorney if you suspect an investigation.

How McDowell Law Firm Can Help

Every case is different. The right defense strategy depends on the facts, the evidence, and the law. At The McDowell Law Firm, we know how to challenge the prosecution’s claims, scrutinize every detail, and build a defense tailored to your circumstances.

If you or a loved one is facing a first-degree assault charge in Colorado, you don’t have to face it alone. Contact McDowell Law Firm today for a confidential consultation—and take the first step toward protecting your rights and your future.

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