Colorado Springs DUI Defense Attorney
DUI Causing Property Damage
A driver facing charges of driving under the influence (DUI) or driving while their ability is impaired by (DWAI) alcohol or drugs faces a range of penalties if convicted, including possible jail time, fines, community service, and other requirements. When a driver faces charges their driving was both impaired by drugs and caused property damage, however, the possible penalties increase.
Property damage can occur in many different ways. Often, it occurs when a driver's car crashes into another person's car, a fence, or a house. A car that leaves the roadway due to an accident or because the driver loses control may also cause property damage. Property damage may or may not occur in an accident that also causes injury or death. A person suspected of a DUI that causes injury or death, however, is more likely to face charges under vehicular assault or vehicular homicide laws in Colorado.
In Colorado, property damage may lead to a criminal charge if it falls under one of two categories. If it appears that the person being charged knowingly destroyed or damaged another person's property, the charge may be one of "criminal mischief." The penalties for criminal mischief depend on the value of the property damaged. If the knowing destruction of another person's property, or property owned by both the driver and another person, is combined with a DUI charge, the crime may be charged as a Class 3 or Class 4 felony, with penalties ranging from two to 14 years in prison and up to $750,000 in fines, depending on the value of the property damaged and the circumstances of the case.
Other types of property damage, including property damage resulting from a DUI accident that wasn't intentional, can also result in a felony charge that includes both the DUI and the property damage that the suspected drunk driving is believed to have caused. Colorado drivers who are convicted of a DUI causing property damage face strict penalties including jail or prison time, heavy fines, and mandatory community service, probation, or parole sentences. They may also be required to pay court costs and restitution to the owner of the property, in order to "pay back" the amount of damage the court finds the driver has caused.
Finally, a driver who is suspected of driving under the influence and causing property damage may be charged with a felony if they are classified as a "habitual traffic offender" or if the driver's blood alcohol concentration (BAC) was 0.17 percent or higher when the property-damaging accident occurred. A "habitual traffic offender" is someone who has repeated DUI convictions or other traffic violations on their record. Even if the property damage is minor, the prosecutor might choose to file felony DUI charges if they believe the driver's previous record warrants them.
Any driver facing charges of DUI or DWAI causing property damage would be wise to consult an experienced Colorado DUI property damage lawyer as soon as possible. Attorney Timothy Bussey has experience building aggressive defenses against DUI charges, fighting to protect his clients' rights and win the best possible outcome in their cases. To learn more, please don't hesitate to contact The Bussey Law Firm, P.C. for a confidential consultation regarding your case.
