A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”
In Colorado, fleeing and eluding a peace officer is a criminal offense. Under Colorado Revised Statutes 18-9-116.5, if an individual knowingly flees or attempts to elude a peace officer or federal special investigator who is lawfully attempting to arrest or detain them, they are committing a crime. The offense becomes more serious if the individual uses a motor vehicle or watercraft to flee, or if their actions result in bodily injury to another person. The basic offense is classified as a class 2 misdemeanor, but it can escalate to a class 5 felony if aggravating factors are present, such as driving recklessly or under the influence of alcohol or drugs during the pursuit. Penalties for fleeing and eluding can include fines, imprisonment, and the revocation of the individual's driver's license.