The bill to mandate Colorado’s new felony bill for multiple DUI’s passed the House Judiciary Committee on Thursday, February 5, with a vote of 13-0. Colorado is one of only 5 States left that does NOT have a felony DUI law for multiple offenders. Last year, Senate Democrats voted down this bill. This year, with the support of Democratic Governor John Hickenlooper is demanding that lawmakers pass the bill this year! It seems to be the consensus that some version of this law will pass in 2015.
So let us ask a hypothetical question. We recently had a client (a Dad riding his bike with his daughter) who had 2 prior DUIs from another State over 20 years ago. The law in the other State was different than the law in Colorado was 20+ years ago. He was riding his bike the in broad daylight, when an older lady who did not see him struck him at an intersection. My client was legally crossing the road when she took a left turn and stuck him. The daughter was not hurt. The older lady is over 80 years old has had 3 car accidents in the last 12 months. The older lady was cited with careless driving resulting in bodily injury. My client had been drinking at home with his wife and his family before going out riding his bicycle with his daughter. Again, the daughter was not hit, but saw an accident in which her father was struck by a car while legally crossing at an intersection. Should this the person be subject to a felony DUI statute, since it is his 3rd DUI in his lifetime; with property damage? Remember the bill has not yet been finalized or approved.