Colorado Springs Defense Attorneys: DUI Involving an Accident or Injury
A DUI charge is serious on its own, but it exponentially increases its significance if there is an accident and/or injury involved. Known in Colorado as "vehicular assault", the punishment for a DUI involving an accident or injury is often punishable with jail time.
When an accident involving a collision with another car occurs, you can be looking at a misdemeanor or felony depending on the injury sustained. If there is minor injury (scrapes, bruises, whiplash, etc), you are most likely looking at a misdemeanor. It turns to a felony DUI when serious injuries result (broken bones, concussions, etc). The severity of bodily injury is determined case by case, and there are a wide array of factors that go into determining the charge.
If the accident caused by driving under the influence results in someone's death, the driver will be charged with vehicular manslaughter. Intoxication escalates the vehicular manslaughter charge to constitute "gross negligence".
According to Colorado Code:
(1) 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. (2) 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.
(3) "Driving under the influence" means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affect such person to a degree that such person is 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. 18-3-205 If charged for Colorado vehicular assault, you are looking at either a Class 4 or 5 felony.
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