Fleeing from police in a vehicle is one of the few traffic-related charges in Colorado that can turn into a felony fast — even without a crash. Here’s how it’s charged and what the penalties actually look like.
What Is Vehicular Eluding Under Colorado Law?
Vehicular eluding applies when a driver knowingly tries to get away from a peace officer who is also in a vehicle, knows or reasonably should know they’re being pursued, and drives in a reckless manner while doing it. Colorado’s jury instructions confirm these as the required elements (COLJI-Crim 9-1:54; CRS § 18-9-116.5(1)), and the Colorado Court of Appeals has held that ordinary reckless driving is a lesser included offense of vehicular eluding (People v. Dominguez, 2019 COA 78, ¶ 64, 454 P.3d 364, 374). It’s a legally distinct, more serious charge than simply failing to pull over right away — that lesser offense, eluding or attempting to elude a police officer, is a separate traffic-code crime under CRS § 42-4-1413 and doesn’t require reckless driving, only that the driver willfully tried to get away after a lawful signal to stop. The reckless-driving element is what elevates conduct from that traffic offense into vehicular eluding.
Is Vehicular Eluding a Felony or a Misdemeanor in Colorado?
Vehicular eluding itself is always a felony in Colorado — there’s no misdemeanor version of this particular charge. It’s a class 5 felony by default, a class 4 felony if the eluding causes bodily injury to someone, and a class 3 felony if it causes death (CRS § 18-9-116.5; COLJI-Crim 9-1:55.INT). What people sometimes think of as “misdemeanor eluding” is actually a different, separate charge — eluding or attempting to elude a police officer under CRS § 42-4-1413, a class 2 traffic misdemeanor that doesn’t require reckless driving. Prosecutors choose between the two based on whether the driving met vehicular eluding’s reckless-driving element.
What Are the Penalties for Vehicular Eluding?
Class 5 felony vehicular eluding (no injury) carries roughly 1 to 3 years in prison and a fine of $2,000 to $100,000. Class 4 felony vehicular eluding (bodily injury) carries roughly 2 to 6 years in prison and a fine of $2,000 to $500,000. Class 3 felony vehicular eluding (death) carries roughly 4 to 12 years in prison and a fine of $3,000 to $750,000. The lesser traffic-code offense, eluding a police officer under CRS § 42-4-1413, is a class 2 traffic misdemeanor carrying roughly 10 to 90 days in jail and a $150 to $300 fine, plus license consequences.
What Are Common Defenses to a Vehicular Eluding Charge?
Defenses often focus on whether the driver actually knew — or reasonably should have known — they were being pursued by a marked police vehicle, whether the driving genuinely rose to the level of “reckless,” and whether the stop or pursuit itself was lawful. Dash-cam and body-cam footage frequently becomes the central evidence in these cases, for and against the defendant.
Do I Need a Lawyer for a Vehicular Eluding Charge?
Yes. Because the same facts can be charged as a misdemeanor or a felony depending on how prosecutors characterize the driving, an experienced attorney’s early involvement can affect which charge is filed or how it’s eventually resolved — particularly before a plea is entered.
Facing a vehicular eluding or fleeing-police charge in Colorado? Mile High Legal defends clients against traffic and criminal charges throughout the Denver area. Reach out to discuss your case.
