Colorado Springs DUI Defense Lawyer
DUI Accident Resulting in Injury
Car accidents can cause injuries in many ways, especially if the vehicle hits another car, a motorcycle, or a person on foot or on a bicycle. When alcohol or drug use is involved, however, what would otherwise have been a simple car accident may become a serious felony criminal charge. In Colorado, a driver with a blood alcohol concentration (BAC) of 0.08 or higher, or who is under the influence of drugs, and who causes injuries in an accident may face charges of vehicular assault.
Colorado's vehicular assault law has two main parts, which are as follows:
(1)(a) If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault.
(b)(I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime.
When a Colorado Springs DUI accident results in injury, most charges will fall under the second main part of the law. The driver charged with vehicular assault under this second section is presumed to have been driving under the influence of alcohol if their BAC was more than 0.08 percent when the accident occurred.
A driver who is intoxicated by a combination of alcohol and other drugs, or by other drugs alone, may also be charged with vehicular assault if an injury-causing accident occurs. Under this law, the fact that the drugs were legally prescribed to the driver is not a defense. The law presumes a driver is intoxicated by drugs other than alcohol if, when the accident occurred, the driver was "substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle."
Conviction of vehicular assault after a DUI-related accident causes an injury means that the person convicted will face much stricter penalties than those for a DUI conviction alone. Vehicular assault is a Class 4 felony if it involves intoxication. This means that a person convicted of this crime faces two to eight years in state prison, plus thousands of dollars in fines and years of parole. If vehicular assault does not involve intoxication, it is a Class 5 felony, with slightly lighter penalties: one to five years in prison, less required parole time, and the possibility of a smaller fine. Drivers who are convicted of vehicular assault with a DUI may also have to pay punitive damages directly to the injured person. The amount of damages required depends on the facts of the case.
A vehicular assault charge based on a DUI accident causing injury is serious. If you are facing such charges, please don't hesitate to contact the experienced Colorado Springs DUI defense lawyers at The Bussey Law Firm, P.C. Attorney Timothy Bussey has years of experience defending drivers against charges of drunk driving and felony vehicular assault. He will build an aggressive defense that protects your rights and fights for the best possible outcome in your case.
