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No one wakes up expecting to be charged with vehicular homicide. One moment you’re driving—then everything changes. Lights, sirens, questions you don’t know how to answer. And just like that, you’re being treated like a criminal.

This isn’t something you prepared for. You may be grieving, confused, or still trying to understand what actually happened. Meanwhile, the legal system is already moving forward without waiting for you to catch up.

This guide is here to walk you through what this charge actually means, what’s at stake, and what you need to know before your next court date—or your first one.

You don’t need to have it all figured out right now. But you do need to take the next step. Speak to our Denver, CO criminal defense attorney, Jacob Martinez, to discuss your case today.

What is Vehicular Homicide in Denver, Colorado?

In Colorado, vehicular homicide is a felony charge that applies when someone dies as a result of how another person was driving. Under Colorado Revised Statutes § 18-3-106, there are two main ways someone can be charged:

• Vehicular homicide involving DUI
• Vehicular homicide involving reckless driving

Both are serious, but the DUI version carries harsher penalties.

Let’s say you were driving, and someone else died in the crash. That’s tragic, no question. But for it to rise to the level of vehicular homicide, prosecutors have to show more than just an accident. They need to prove that you were driving under the influence of alcohol or drugs—or that your driving was so reckless, it showed a disregard for human life.

And remember: this is not a traffic ticket. This is a felony charge that can change the course of your life.

Key Elements the Prosecution Must Prove

To convict someone of vehicular homicide, the prosecution must prove a few key things beyond a reasonable doubt:

• You were operating a vehicle.
• Your driving directly caused another person’s death.
• You were either under the influence or driving recklessly.

Seems straightforward on paper, but in reality, these cases can get complicated fast. For example, proving recklessness isn’t always as cut-and-dried as it sounds. And DUI charges often rely on test results that may not tell the full story.

DUI vs. Reckless Driving Charges

Understanding the difference between DUI and reckless driving is essential, especially when both are involved in serious incidents like fatal accidents. Each refers to a specific type of behavior behind the wheel, and the distinction comes down to what caused the unsafe driving.

Driving Under the Influence (DUI)

DUI refers to operating a vehicle while under the influence of alcohol, drugs, or a combination of both. This can include not just illegal substances but also prescription medications and over-the-counter drugs that impair a person’s ability to drive safely. In Denver, Colorado, a blood alcohol concentration (BAC) of 0.08% or higher is generally used to show intoxication. However, someone can still be charged with DUI even if their BAC is lower, if their ability to drive is noticeably affected. Testing typically involves breath, blood, or urine samples. These results, along with field sobriety tests and officer observations, are used to support DUI allegations.

Reckless Driving

Reckless driving, on the other hand, is not about substances—it’s about how someone is operating the vehicle. This includes actions that show a disregard for the safety of others. Common examples might include excessive speeding, aggressive lane changes, or ignoring traffic signals.

Unlike DUI, reckless driving focuses on behavior rather than physical condition. The judgment of what qualifies as reckless depends on the circumstances and often includes input from accident reconstructions, witness statements, and other evidence from the scene.

Penalties and Consequences

​Facing a vehicular homicide charge in Colorado carries severe legal and personal repercussions that can profoundly impact your life.​

Prison Time

If convicted of vehicular homicide due to reckless driving, you face a Class 4 felony, punishable by 2 to 6 years in prison, with a mandatory 3-year parole period. If the offense involves driving under the influence (DUI), it’s classified as a Class 3 felony, carrying a prison sentence of 4 to 12 years, plus a mandatory 5-year parole. ​

Fines and Fees

Financial penalties are substantial. For reckless driving vehicular homicide, fines range from $2,000 to $500,000. For DUI-related offenses, fines can be between $3,000 and $750,000. These amounts can lead to significant financial strain, affecting your ability to support yourself and your family.​

Parole

Upon release, you’ll be subject to mandatory parole—3 years for reckless driving cases and 5 years for DUI-related offenses. During parole, strict conditions apply, and any violations can result in a return to prison.

Driver’s License Revocation

A vehicular homicide conviction will lead to the revocation of your driver’s license, severely limiting your mobility and independence. Reinstating your driving privileges is a complex process, often involving prolonged periods without a license and the fulfillment of specific legal requirements.​

Felony Record

A felony conviction remains on your criminal record indefinitely, posing significant barriers to employment, housing, and educational opportunities. Many employers and landlords conduct background checks, and a felony record can lead to disqualification from job positions and housing options.

And these are just the legal penalties. The personal and emotional toll is just as real. You may be dealing with grief, guilt, and public judgment.

Common Defenses to Vehicular Homicide

Inaccurate or Faulty DUI Testing

In cases involving DUI, chemical test results are a significant part of the prosecution’s case. However, these tests aren’t foolproof. Breathalyzers may be improperly calibrated, blood samples can be mishandled, and chain-of-custody errors can occur in the lab. Even the timing of the test matters, as blood alcohol levels can rise or fall in the time after a crash. If any part of the testing process was flawed, the results may not be reliable.

No Reckless Driving

In reckless driving cases, prosecutors must show that the driver acted with a willful disregard for the safety of others. Not every traffic mistake qualifies as reckless. For example, speeding in itself isn’t necessarily reckless unless it’s extreme or accompanied by other unsafe behavior. If the conduct was careless but not intentionally dangerous, it might not meet the legal standard for a vehicular homicide conviction.

The Death Was Not Caused by the Driver’s Actions

Causation is a key element in any vehicular homicide case. The prosecution must show that the accused person’s actions directly caused the victim’s death. In multi-car accidents or situations involving unexpected hazards—like a pedestrian suddenly entering the roadway—causation can become less clear. If the fatality was due to something outside the driver’s control, this defense may be raised.

Another Driver Was Responsible

In crashes involving more than one vehicle, it’s not always obvious who was at fault. Sometimes, the actions of another driver may have caused or significantly contributed to the accident. If another person’s reckless or impaired driving triggered the events that led to the fatality, that could shift responsibility away from the defendant.

Medical Emergency or Mechanical Failure

Unexpected medical conditions such as a seizure, heart attack, or fainting episode—can cause a driver to lose control of their vehicle. If the driver had no prior symptoms or knowledge of the condition, it may be considered a true medical emergency. Similarly, sudden mechanical failures, like brake failure or a tire blowout, may be used as a defense if properly documented.

Violation of Constitutional Rights

Law enforcement officers are required to follow strict procedures during investigations, arrests, and evidence collection. If a traffic stop was made without reasonable suspicion or if a blood test was taken without proper consent or a warrant, this could lead to a motion to suppress that evidence. Violations of constitutional rights may result in key evidence being excluded from the case.

These defenses are not one-size-fits-all. Each case is unique, and the specific facts will determine which strategies are appropriate. Prosecutors must prove every element of the charge beyond a reasonable doubt. If any part of the case is weak or unsupported, a defense can be built around that gap.

What To Do If You Are Charged

Don’t Talk to Police

It’s natural to want to explain your side. But this can backfire. Anything you say can be used against you later. Even something that seems harmless could be taken out of context. If the police want to question you, you have the right to remain silent. Use it.

Don’t Talk to Anyone Else About the Case

Not your friends. Not your family. And definitely not on social media. Keep all details about the case private. You don’t want anything you say or post coming back to hurt you. Conversations can be misremembered or repeated. It’s better to stay quiet.

Save Any Evidence You Have

If you have photos from the scene, dashcam footage, or messages from witnesses, keep them safe. Don’t delete anything. Even details that seem small could become useful later. If your car had mechanical issues, save repair records or inspection reports.

Stay Calm and Follow the Instructions

You may be released on bond with conditions. Follow every rule exactly. Show up to all hearings. Don’t give anyone a reason to question your reliability. How you handle things now can influence how your case moves forward.

Limit Your Online Activity

Avoid posting anything related to the incident, the investigation, or your feelings about it. Even indirect or vague posts can raise red flags. Prosecutors, investigators, and even insurance companies often monitor public content. A single comment, photo, or emoji can be taken out of context and used to question your character or judgment. If in doubt, stay offline.

Keep Track of Paperwork

A criminal case involves more documents than you might expect—bail conditions, court dates, DMV letters, and more. Keep everything organized from day one. Use a folder, notebook, or digital file system to store all case-related paperwork. Write down important dates and set reminders. Missing a court appearance or failing to submit a required document can lead to extra penalties or even a warrant for your arrest. Staying on top of deadlines shows responsibility and keeps things from spiraling.

Contact a Vehicular Homicide Defense Attorney in Denver, CO.

This is not something to face alone. A vehicular homicide charge can affect every part of your life, and early legal guidance can make a big difference.

How Can the Law Office of Jacob Martinez Help?

Being charged with vehicular homicide is overwhelming. You’re not just up against a charge—you’re up against mandatory prison time, aggressive prosecutors, and a system that often assumes guilt from the start. That’s why you need more than a legal advisor. You need trial defense lawyers who win serious cases when it matters most. That’s what we do at the Law Office of Jacob Martinez.

Proven Success in Serious Trials

We focus on trial. Not plea bargains by default. Our firm has secured not guilty verdicts in some of Colorado’s most serious charges—vehicular homicide, vehicular assault, and first-degree assault. These are not minor offenses. They carry years, sometimes decades, of prison time. We’ve defended clients in those exact situations and helped them walk out free. Where other firms fold under pressure, we stay steady. We don’t avoid court—we plan for it. And that planning has led to real victories in cases with life-changing consequences.

Pressure Doesn’t Shake Us

Vehicular homicide cases come with a lot of weight. There’s the emotional nature of death, technical DUI evidence, and public judgment. But we’ve been here before. We understand how to challenge test results, expose gaps in investigations, and question whether your actions really caused the fatal outcome. We don’t rely on assumptions or accept the state’s version of events. We start with the facts and build the strongest case possible – piece by piece.

Trial Strategy From Day One

Some criminal defense attorneys treat trial as a last resort. We treat it like the main event. From the start, we prepare for the possibility of trial by:

• Developing a full defense theory—not just reacting
• Building a timeline, gathering evidence, and identifying weaknesses in the prosecution’s case
• Crafting a story the jury can understand and believe

This mindset shapes everything we do. It’s the reason we’ve won cases where prison seemed unavoidable.

We Know What a Win Looks Like

Winning can mean full acquittal. Sometimes, it means avoiding mandatory prison. Other times, it’s about reducing charges or keeping a felony off your record. We tailor our approach to what success looks like for you. Every client is different, and every case has a different goal. We don’t use templates—we build real strategies for real people.

We’ve Handled Cases Like Yours

This isn’t new to us. We’ve represented clients in:

• Vehicular homicide cases with DUI evidence and mandatory prison
• Assault cases involving severe injuries and extensive investigations
• Multi-felony trials where prosecutors pushed for decades behind bars

In many of these cases, we went all the way to trial—and won.

When the Stakes Are High, A Denver, CO Vehicular Manslaughter Defense Attorney is Ready

Not every criminal defense lawyer is built for high-stakes courtroom battles. We are. At the Law Office of Jacob Martinez in Denver, CO, we don’t just prepare you—we prepare your defense as your future depends on it. Because it does.

If you’re facing a vehicular homicide charge, and the outcome will define the rest of your life, you need a firm that’s proven itself in the courtroom. We’re ready when trial is the only option left.

Have questions about your case? Speak directly with our team at (720) 246-6700, or send us a message through our online form when you’re ready.