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Even though most of us use them every single day, motor vehicles are one of the most dangerous creations that humanity has ever designed. We take thousands of pounds of machinery and send it hurtling down roads at high speeds. Because of this, serious accidents – even deadly ones – are not a matter of if, but when. It’s the reason why people have to take classes and pass tests in order to get behind the wheel. Driving is a huge responsibility.

Most of these types of accidents are just that—accidents. But sometimes, people who are involved in motor vehicle crashes can be charged with a criminal offense if their actions behind the wheel are believed to have violated state laws and caused harm to another.

Two of the most severe criminal traffic offenses in Colorado are vehicular assault and vehicular homicide. If you find yourself charged with either offense, you could face incarceration, high fines, and more if convicted. You need to take it with the utmost seriousness and make sure that you start working with a knowledgeable criminal lawyer to craft your defense as quickly as possible.

At the Law Office of Jacob E. Martinez, we have successfully handled numerous such cases, achieving jury acquittals in multiple jurisdictions. In other words, we clearly understand what is at stake in these types of cases, how they work, and what it takes to build a defense strategy that gives you the best chance of receiving the most favorable outcome.

In this post, we will dive into each of these charges, the associated penalties, and what kinds of defense strategies you can employ if you end up being charged.

What Is Colorado Vehicular Assault?

Our state defines vehicular assault as causing severe bodily injury to another person while operating a vehicle recklessly or while under the influence of drugs or alcohol. Colorado vehicular assault is broken down under C.R.S. § 18-3-205.

This charge differs from vehicular homicide in that it involves injuries rather than death, but it still carries significant legal consequences. We will cover vehicular homicide in greater detail later.

What Charges and Penalties Can You Face for Vehicular Assault in

In our state, vehicular assault is a felony offense. Depending on the circumstances of the incident, it can be charged as a Class 5 or Class 4 felony.

The difference between the two charges comes down to whether you are being accused of reckless driving or driving under the influence of alcohol or drugs. Vehicular assault due to reckless driving is charged as a Class 5 felony, while the involvement of drugs or alcohol bumps the charge up to a Class 4 felony.

Penalties are as follows:

Class 5 felony vehicular assault can include imprisonment of 1-3 years, a fine of $1,000-$100,000, and two years of mandatory parole.

Class 4 felony vehicular assault can include imprisonment of 2-6 years, a fine of $2,000-$500,000, and three years of mandatory parole. Additionally, if you are given probation, the judge can order continuous alcohol monitoring for 90 days.

What Do Colorado Prosecutors Need to Prove to Convict You for Vehicular Assault?

The key elements that prosecutors must prove include:

1. Reckless Driving or Driving Under the Influence of Drugs or Alcohol. Let’s start with reckless driving. Quite simply, the prosecutor must prove that you operated the vehicle in a reckless manner. Recklessness can include speeding, aggressive driving, ignoring traffic signals, or other actions that show a disregard for the safety of others. In a vehicular assault case alleging DUI, evidence of impaired driving typically arises from the results of blood alcohol content (BAC) tests, your statements, your driving behavior, witness testimony, reconstruction of your activities leading up to driving, or the presence of alcohol, drugs, or drug paraphernalia in your vehicle. We’ll dive more into specific issues that come up in DUI vehicular assault cases in a bit.
2. Serious Bodily Injury. The victim must have sustained serious bodily injury as a result of the defendant’s reckless driving. Serious bodily injury is defined as bodily injury that involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.
3. Proximate Cause. There must be a direct causal relationship between the defendant’s reckless driving and the serious bodily injury suffered by the victim.

What Is Colorado Vehicular Homicide?

Vehicular homicide in Colorado is a serious criminal offense that involves the unlawful killing of another person with a vehicle. It is defined under C.R.S. § 18-3-106.

In many ways, it is similar to vehicular assault in our state. Just as with vehicular assault, this charge involves the accused driving recklessly or under the influence of drugs or alcohol, which covers the same essential behaviors. The difference, of course, is that rather than causing serious bodily injury to another, a vehicular homicide results in the death of another.

What Charges and Penalties Can You Face for Vehicular Homicide in Denver?

In our state, vehicular homicide is a felony offense with severe consequences. Depending on the circumstances of the incident, it can be charged as a Class 4 or Class 3 felony.

As with vehicular assault, the difference between the two charges comes down to whether you are being accused of reckless driving or driving under the influence of alcohol or drugs. Vehicular homicide due to reckless driving is charged as a Class 4 felony, while the involvement of drugs or alcohol bumps the charge up to a Class 3 felony.

Penalties are as follows:

Class 4 felony vehicular homicide can include imprisonment of 2-6 years, a fine of $2,000-$500,000, and three years of mandatory parole.

Class 3 felony vehicular homicide can include imprisonment of 4-12 years, a fine of $3,000-$750,000, and five years of mandatory parole.

Additionally, if you are given probation, the judge can order continuous alcohol monitoring for 90 days.

What Do Colorado Prosecutors Need to Prove to Convict You for Vehicular Homicide?

Prosecuting vehicular homicides requires proving beyond a reasonable doubt that your actions directly caused the death of another person. This can involve complex investigations, expert testimony, and reconstruction of the accident scene to establish the chain of events and the role of your behavior in causing the fatal outcome.

The key elements that prosecutors must prove are essentially the same as with vehicular assault:

1. Reckless Driving or Driving Under the Influence of Drugs or Alcohol.
2. Victim’s Death. This is the one noticeable difference. Rather than proving serious bodily injury, the prosecutor must show that the victim died as a result of the accident.
3. Proximate Cause.

From here on, the information provided will cover both vehicular assault and vehicular homicide, as it can be applied to both charges.

Essential Things to Know about Charges That Involve Driving Under the Influence in Denver

Does It Matter If the Drugs in Your System Are Legal in Colorado?

Short answer: no. You can be charged with DUI regardless of any substance’s legality or medical necessity if that substance impairs your ability to drive safely. This includes both legal and prescription drugs – even seemingly harmless medications such as allergy treatments, cold remedies, over-the-counter pain relievers, inhaled substances, and medical marijuana.

What Happens If You Refuse a Chemical BAC Test in Denver?

In Colorado, driving implies “express consent” to undergo a chemical BAC test if arrested on suspicion of DUI. Usually, you may choose between a breath or blood test. However, if the arresting officer reasonably suspects drug involvement, you may be required to submit to a blood, urine, or saliva test in addition to or instead of a breath test.

What happens if you refuse?

Saying no to a chemical test results in an automatic one-year driver’s license suspension. While this penalty is less severe than imprisonment, your refusal can be used against you in court as evidence of guilt. The only defense against a DUI test refusal charge is demonstrating that the officer lacked probable cause for requesting the test.

Something else you should know: if an officer suspects DUI, they can legally compel a blood draw against your will – and results from an involuntary blood test are still admissible as evidence in court proceedings.

What Defense Strategies Does Jacob Martinez Use against Colorado Vehicular Assault and Vehicular Homicide Charges?

Defending against Colorado criminal charges under C.R.S. 18-3-205 and C.R.S. § 18-3-106 hinges on several critical factors, including the nature of the charges, the extent of the alleged victim’s injuries (for vehicular assault), and the specific details of the case. Effective defenses can vary widely based on these considerations.

Factors Influencing Defense Strategies

Nature of Charges

Different defense strategies may apply depending on whether the charge is for reckless driving or DUI. Reckless driving focuses on proving that the driving behavior was not reckless or did not meet the legal threshold for recklessness. DUI charges typically involve challenging the evidence of impairment or the legality of chemical tests.

Severity of Injury (for vehicular assault)

The alleged victim’s injuries’ severity can impact the charges’ seriousness and potential penalties. Defenses may involve disputing the extent of the injuries or demonstrating that the injuries were not as severe as claimed.

Case-Specific Facts

Each case presents unique circumstances that can influence defense strategies. The specifics of the accident, witness testimony, evidence collection, and police conduct all play significant roles in determining the strength and applicability of defenses.

Common Defenses in Denver Vehicular Assault and Homicide Cases

Fault in the Accident. Arguing that the accident was not caused by your actions or that you were not at fault.

Not Driving. Asserting that you were not the one driving the vehicle at the time of the incident.

Lack of Recklessness. Contending that your driving did not meet the legal definition of recklessness required for the charges.

No DUI. Challenging the prosecution’s evidence that you were under the influence of drugs or alcohol while driving. This can involve asserting that the DUI breath or blood tests were not conducted in accordance with Colorado regulations, potentially rendering the results unreliable. Factors impacting the reliability of chemical test results include contamination and improper handling.

Inconsistent Witness Accounts. Highlighting inconsistencies or contradictions in witness testimony that cast doubt on the prosecution’s version of events.

Severity of Injury (for vehicular assault). Arguing that the alleged victim’s injuries were not as severe as claimed, which may affect the charges and potential penalties.

Failure to Advise of Rights. Asserting that law enforcement failed to properly advise you of your rights during the arrest or investigation process.

Police or Prosecutorial Misconduct. Alleging serious misconduct by law enforcement officers or prosecutors, such as evidence tampering, coercion, or procedural violations.

At the Law Office of Jacob Martinez, our experience in these types of cases extends to the network of experts that we have built up over time who can be called upon to testify and cast doubt on the prosecution’s case against you. When fighting charges like this, having that kind of expertise on your side can be invaluable.

Do not gamble on your future. Seeking legal counsel from experienced criminal defense attorneys is crucial to navigating the complexities of these types of cases and pursuing the best possible outcome. The faster you reach out to our office, the faster we can start on your defense, increasing the likelihood that you will be able to get your charges reduced, dropped, or dismissed.

 

About the Author:

Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Countless legal organizations have recognized Mr. Martinez for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys and is Lead Counsel rated.