Being charged with Driving Under the Influence (DUI) in Colorado is already a serious situation. But in some cases, prosecutors take it a step further by adding Reckless Endangerment charges. This combination can significantly increase your potential penalties and complicate your defense.
A man was recently charged with multiple crimes, including DUI and Reckless Endangerment after a call came in to report his driving. According to the report, the man drove away from the gas station with a gas pump nozzle hanging from the car and a child crying in the vehicle. Police attempted to stop him, but he drove off. Eventually, the man was apprehended and charged with DUI, felony Eluding, Child Abuse, and Reckless Endangerment.
As Fort Collins and Larimer County criminal defense attorneys, we’ve seen many cases where a momentary lapse in judgment or a misunderstanding during a traffic stop led to multiple charges. Understanding how DUI and Reckless Endangerment interact under Colorado law is crucial for protecting your rights and your future.
What Is Reckless Endangerment in Larimer County, Colorado?
Under C.R.S. § 18-3-208, Reckless Endangerment occurs when a person recklessly engages in conduct that creates a substantial risk of serious bodily injury to another person.
This means prosecutors must believe you knew your actions were dangerous but chose to act anyway. Importantly, no actual injury needs to occur — only a substantial risk of harm.
Examples include:
- Driving at high speeds through residential areas
- Swerving into oncoming traffic
- Fleeing from police while under the influence
- Driving drunk with passengers, especially children, in the car
Loveland Reckless Endangerment Lawyer: How DUI and Reckless Endangerment Overlap
A DUI charge under C.R.S. § 42-4-1301 means driving while impaired by alcohol, drugs, or both. If the alleged conduct is particularly dangerous, for example, if someone was nearly injured, or if the driving was erratic, police and prosecutors may add Reckless Endangerment as an additional charge.
Common situations where both charges are filed include:
- Driving Under the Influence and causing or almost causing an accident
- Driving drunk with passengers (especially minors)
- High-speed chases or attempts to evade law enforcement
- Extreme DUI cases with very high BAC levels
While DUI focuses on impairment, Reckless Endangerment focuses on risk, meaning the state can argue you endangered others through your conduct behind the wheel.
Penalties for DUI and Reckless Endangerment in Colorado
DUI Penalties
Penalties depend on whether it’s your first offense and your BAC level, but generally may include:
- Jail time (up to 1 year for a first offense)
- License suspension or revocation
- Fines ranging from $600 to $1,500
- Community service
- Alcohol education or treatment programs
- Probation
Reckless Endangerment Penalties
Reckless Endangerment is typically a Class 2 misdemeanor, punishable by:
- Up to 120 days in the Larimer County Jail
- A fine up to $750
However, while the penalties might seem minor compared to a DUI, a conviction for Reckless Endangerment adds another criminal charge to your record, which can influence sentencing and affect your reputation, job prospects, or professional licenses.
Can You Be Convicted of Both DUI and Reckless Endangerment?
Yes. It’s possible, and not uncommon, for a person to be convicted of both charges. The two offenses involve different legal elements: DUI focuses on impairment, while Reckless Endangerment focuses on creating a substantial risk to others.
However, an experienced defense attorney can often argue that the same conduct shouldn’t be punished twice, or that the Reckless Endangerment charge isn’t supported by the facts. For example, if there were no passengers, pedestrians, or other vehicles nearby, prosecutors may have difficulty proving a “substantial risk” of harm.
If you or someone you love has been charged with Reckless Endangerment, DUI, or both, 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 a free initial consultation. Together, we can protect your future.
Photo by Pragyan Bezbaruah