Supreme Court of Colorado
v. People
November 10, 20202020 CO 79
Summary
The court held that prior DUI-related convictions are substantive elements when they elevate DUI, DWAI, or DUI per se from a misdemeanor to a felony. Because the statute is ambiguous, the court relied on its language and structure, the treatment of prior convictions, and the risk of unfairness to conclude that the convictions must be charged and proved to a jury beyond a reasonable doubt. The court reversed the appellate judgment and remanded for sentencing on the misdemeanor offenses established by the jury.