Can Traffic Violations Lead to Criminal Charges?
In Colorado, not all traffic violations are equal. Some result in a simple fine, while others may lead to arrest, prosecution, and jail time. The difference depends on how the law defines the conduct and the level of danger it creates for others on the road.
You may be wondering, Is a traffic violation a crime? The answer depends on the circumstances and how prosecutors file the charge. Colorado places violations into two categories: infractions and criminal traffic offenses. Infractions, such as minor speeding, are civil—not criminal—and typically lead to fines without the risk of jail. Criminal traffic offenses, however, are more serious. Charges like reckless driving, DUI, vehicular assault, or hit-and-run fall into this category and may be filed as misdemeanors or felonies.
When charged with one of these offenses, the penalties can stretch far beyond a standard ticket. A conviction can affect your record, suspend your license, and limit future opportunities. This article outlines how Colorado law approaches different traffic violations and when they rise to the level of a criminal charge.
What Is a Traffic Conviction?
A traffic conviction is the final outcome of a legal proceeding—not the ticket itself. When you receive a citation, the ticket represents a formal accusation, not a finding of guilt. A conviction only occurs after a guilty plea, a no-contest plea, or a guilty verdict at trial.
Convictions can carry different consequences depending on the offense. More serious charges—like DUI or vehicular assault—create a permanent criminal record and may lead to jail, fines, probation, and loss of driving privileges. Lesser convictions may not result in jail time, but can still add points to your license or raise your insurance rates.
The long-term impact of a conviction often depends on how the court categorizes the offense. Some convictions, even for traffic-related conduct, qualify as misdemeanors or felonies. Others may seem minor but still count toward habitual offender status if you have repeated charges. That is why reviewing the charge and the possible penalties before entering any plea is essential.
Is a Traffic Violation a Criminal Offense?
Not all traffic violations rise to the level of a criminal offense. In Colorado, minor violations—like failing to yield or forgetting to signal—are civil infractions. These do not carry jail time or appear on your criminal record. However, they may still result in fines, DMV points, and higher insurance premiums.
Criminal traffic offenses, by contrast, involve behavior that endangers others. Examples include reckless driving, hit-and-run incidents, and driving under restraint. These actions are treated as misdemeanors or felonies and prosecuted through the criminal court system. A conviction for one of these offenses may have more serious consequences than a simple fine.
Understanding where your charge falls on this spectrum helps you make wiser choices. The label—infraction or criminal offense—will shape both your legal options and the potential outcome of your case.
Common Traffic Offenses That Can Lead to Criminal Charges
Some traffic violations go beyond simple citations and trigger criminal prosecution. Colorado law treats these offenses seriously due to the threat to public safety they pose. If you are charged, you may face jail time, license suspension, and a permanent criminal record.
Reckless Driving
Reckless driving involves operating a vehicle with willful or wanton disregard for the safety of others or property. This is not a minor mistake—it is considered a Class 2 misdemeanor traffic offense. A conviction can lead to jail time, steep fines, and four points on your driving record. It may also increase your insurance premiums, trigger a license suspension for habitual offenders, and limit future opportunities that require a clean driving or criminal history. Courts tend to treat these cases seriously, especially when the conduct involves excessive speed, aggressive maneuvers, or endangers pedestrians and other drivers.
Driving Under the Influence (DUI)
Driving under the influence of alcohol, drugs, or a combination of both is a criminal offense in Colorado. Depending on whether it is a first offense, involves injury, or includes aggravating factors like a high blood alcohol content, DUI charges may be classified as misdemeanors or felonies. Penalties may include mandatory jail, license revocation, substance abuse treatment, and the installation of an ignition interlock device.
Hit and Run
Fleeing the scene of an accident without providing contact information or helping injured parties constitutes a hit-and-run offense. The severity of the charge depends on whether the incident caused property damage, injury, or death. Colorado prosecutors may pursue either misdemeanor or felony charges, and the consequences often include jail, fines, and a long-term license suspension.
Driving with a Suspended or Revoked License
Operating a vehicle in Colorado with a suspended or revoked license qualifies as a misdemeanor offense. Repeat violations or driving under restraint due to DUI-related crimes can result in mandatory jail time and extended periods of license ineligibility. This charge may also trigger habitual offender status if paired with other convictions.
Understanding which traffic offenses carry criminal penalties helps you assess the seriousness of your situation. While infractions may result in fines or points, criminal charges demand a different level of attention. If you face one of these offenses, you must respond quickly to protect your record, freedom, and driving privileges. An experienced Colorado traffic offense lawyer can help advise you on what is at stake and how to best defend against the allegations.
Protect Your Criminal Record
If you have been cited for a serious traffic offense, it may be more than just a ticket—it could be a criminal charge with lasting consequences. Jail time, license suspension, and a permanent mark on your record could all be on the line. At The Law Offices of Susan Deschler, we understand how much is at stake, and we are prepared to protect your rights at every step of the process. Contact us today to discuss your case and take the first step toward protecting your rights and your future. We take a strategic approach to every case we handle, customizing our representation to the specific facts of your case.