Fort Collins Vehicular Assault Lawyer
Vehicular Assault and DUI in Larimer County?

Driving Under the Influence and causing an accident that results in serious bodily injury of another is charged as Vehicular Assault.

Driving in a reckless way and causing serious bodily injury to another is charged as Vehicular Assault in Fort Collins and Larimer County. There doesn’t need to be an intent to hurt someone, as is sometimes assumed. While we have seen cases where someone is using a vehicle as a weapon, most commonly, Vehicular Assault charges result from an accident involving alcohol or drugs. When a person is Driving Under the Influence and causes serious bodily injury to another, this felony crime is charged.

Larimer County Vehicular Assault Attorney: Vehicular Assault and Driving Under the Influence

The Larimer and Boulder County, Colorado law definition of Vehicular Assault – C.R.S. 18-3-205 – is:

(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.

As it relates to Driving Under the Influence, the statute specifically defines:

‘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.

Sentence for Vehicular Assault in Loveland and Estes Park

Vehicular Assault is a class 5 felony, unless it is related to a DUI. In that case, it is a class 4 felony. The class 4 felony Vehicular Assault – DUI is punishable by 2 to 6 years in the Colorado Department of Corrections. With a conviction, there is also an automatic one year suspension of a person’s driver’s license through the DMV.

If you or someone you love has been charged with a DUI Related Crime, 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 or set up a jail visit. Together, we can protect your future.

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