DUI Resulting in Bodily Injury to Another = Vehicular Assault
Fort Collins DUI Attorney

DUI charges can easily escalate to Vehicular Assault when bodily injury results from an accident. Read more here.

Often, when people hear the term Vehicular Assault, they assume it is an intent crime. Meaning, that you have to want to hurt someone with your vehicle in order to be charged with this crime. In Fort Collins and across Colorado, that is not the case when alcohol is involved. If a person is driving while under the influence of drugs or alcohol and they cause an accident where someone is seriously injured, then Vehicular Assault is charged. A Colorado Springs woman is facing this charge after she lost control of her vehicle and crashed into parked cars. She had a passenger in her vehicle who sustained serious injuries. While investigating the crash, it was determined that the driver was drunk and along with DUI charges, she is facing a Vehicular Assault charge.

Driving Under the Influence Attorney in Larimer County

The Larimer County, Colorado law definition of Driving Under the Influence – C.R.S. 42-4-1301 – is:

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.

Under this statue, a person’s blood alcohol content (BAC) must be a .08 or higher to be considered under the influence of alcohol. DUI is a misdemeanor crime unless you have 3 or more previous DUI, DWAI, or other alcohol related driving offenses, in which case, you will be charged with a felony.

Fort Collins Vehicular Assault When Alcohol is Involved – DUI with Bodily Injury

Vehicular Assault related to being under the influence – C.R.S. 18-3-205(b)(i) – is defined as:

(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.

Vehicular Assault is a class 4 felony when alcohol is involved.


If you or someone you love has been charged with Vehicular Assault or Driving Under the Influence, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free consultation. Together, we can protect your future.

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