You Can Still Vote in Colorado with a DUI Conviction

You may think that being convicted of a crime means that you are ineligible to vote in the state of Colorado. However, while incarceration and felony convictions may have an impact on your voting rights, it is not a complete bar to voting.  Even an inmate serving time may be able to cast their vote if they are serving time on a misdemeanor or non-felony conviction.

The pertinent law in Colorado says the following: “No person while serving a sentence of detention or confinement in a correctional facility, jail or other location for a felony conviction or while serving a sentence of parole shall be eligible to vote in any election, or to vote in any election; however, a confined prisoner who is awaiting trial but has not been tried shall be permitted to register to vote by mail…”

So what does this mean to you if you have been convicted of DUI? Probably nothing as you can still vote. The only bar to voting in the State of Colorado is during the time of which you are serving a sentence of incarceration or parole for a felony conviction.

So who can vote?

  • A convicted felon who has completed a sentence of incarceration or parole
  • A convicted felon serving a probationary sentence
  • An accused, incarcerated, and awaiting trial on a felony or a misdemeanor
  • An inmate serving a jail sentence following a misdemeanor conviction
  • Any person serving a probationary sentence for a misdemeanor conviction

In the majority of circumstances, a DUI conviction in Colorado is a misdemeanor conviction, even if you have multiple prior DUI convictions on your record. There is no Colorado Felony DUI, with the exception of a DUI resulting in seriously bodily injury or death (vehicular assault and vehicular homicide respectively), or a DUI conviction when you have been classified as a habitual traffic offender. If you have been convicted of a misdemeanor DUI and are serving a jail sentence, you still have Constitutional right to cast your vote.

Election Day is on Tuesday, November 6. The Denver DUI attorneys at Tiftickjian Law Firm encourage you to get out and vote.

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