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Committee approves bill letting prosecutors aggregate multiple DUIs into a felony
Summary
SB 15-43 would allow multiple DUI charges within a year to be prosecuted as a single Class C2 felony; DA’s Council witness said a C2 carries a 0–7 year range and at least 20% must be served before parole eligibility. Committee passed the bill 6-2 after extensive questioning about municipal charges and sentencing implications.
Senator Coleman presented Senate Bill 15-43 to permit multiple DUI charges obtained within a one-year period to be aggregated into a single felony prosecution, an approach the sponsor said is needed because individual DUI adjudications can take about 51 weeks to resolve.
Ryan Stevenson of the District Attorney’s Council explained sentencing consequences for a Class C2 felony: "A C2 felony ... carries 0 to 7 on the first offense calculated," and that an individual must serve at least 20 percent of a confinement term before eligibility for parole. He also said prosecutors must still prove each underlying offense beyond a reasonable doubt when using an aggregated charge, and that municipal charges count only if they are convictions from municipal courts of record.
Committee members pressed on whether aggregation would include municipal charges, how deferred or suspended sentences are treated, and whether the bill would deter repeat DUI offenders. The witness said municipal convictions count only in limited circumstances (municipal courts of record) and confirmed judges retain sentencing discretion within statutory ranges.
After questions and debate the committee voted to report SB 15-43 with a do-pass recommendation, 6 ayes and 2 nays. The committee record shows sponsors and the DA’s Council will continue to clarify how municipal convictions and deferred sentences interact with the enhancement.
