In Colorado, if you are driving drunk or recklessly and that driving causes anyone else to sustain “serious bodily injury,” you can be charged with Vehicular Assault. Serious bodily injury is defined as “injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.”
Both types of vehicular assault are felonies under Colorado law but they do vary in severity depending on the circumstances.
To simplify it, DUI + injured party with a broken bone (or other SBI listed above) = Vehicular Assault.
Often times vehicular assault can be a charge that is added later because the extent of injuries in the crash may not be known at the time that the charges are initially brought. This is very drastic change for you. Vehicular Assault is a felony where as DUI is a traffic misdemeanor so there are much more serious potential consequences when the charge has been elevated to Vehicular Assault. Moreover, there is very likely more restitution involved based on the severity of the crash and the potential medical bills involved.
AGGRESSIVE ADVOCACY.
A strong defense to DUI becomes more important than ever in these cases. To prove a charge of Vehicular Assault – DUI, the government must first prove that you were driving under the influence. Having an attorney who knows what kinds of tactics and strategies can be successful in challenging a driving under the influence charge is very important.
There are many factual and legal issues to consider in determining whether the government can prove this charge. For example: the original nature of the police contact, whether field sobriety tests were offered and how they were offered, whether you were Mirandized while being interrogated, whether there is another case of the accident that may not have been investigated are just a few of the considerations our attorneys take into account when working on your defense to a Vehicular Assault charge.
At Maher & Maher Law, DUI defense in Colorado is our specialty. As former prosecutors we were trained in the techniques the police and government in DUI cases. Now as defense attorneys, we can use that information to your benefit. The laws regarding DUI have recently become more stringent in Colorado but our attorneys stay up to date on all the new case law. If you’ve been involved in a crash and you were suspected of driving under the influence, we are the attorneys you want on your side.
