DUI arrests often come with accompanying charges. If you hurt someone in a DUI accident, for example, you could be charged with the crime of vehicular assault.
Vehicular assault is a felony in Colorado, even for first timers. The specific language of the law is as follows:
Class 4 Felony Vehicular Assault: The defendant unlawfully drove or operated a motor vehicle in Colorado while under the influence of alcohol, or drugs, or both alcohol and drugs, and the conduct was the proximate cause of serious bodily injury to the alleged victim, in violation of 18-1-305(1)(b), C.R.S.
Class 5 Felony Vehicular Assault: The defendant unlawfully drove or operated a motor vehicle in Colorado in a reckless manner, and the conduct was the proximate cause of serious bodily injury to the alleged victim, in violation of 18-1-305(1)(a), C.R.S.
Unlike a DUI stop, officers who suspect someone of vehicular assault are allowed to conduct a forced blood draw.
Vehicular assault is what’s known as a “victim’s rights crime,” which means that the prosecutor must inform the victim of all potential plea offers and allow the victim to give his or her own input. Because the victim may harbor a great deal of resentment for you, it is not often easy to negotiate a fair deal. Because of this and the fact that most evidence is collected at the crash scene, it is imperative that you contact a lawyer as soon as you possibly can after a vehicular assault.
DUI Matters – Denver Drunk Driving Lawyers