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DUI Causing Injury

When an accident results in significant harm and alcohol or drugs are alleged to be involved, Colorado prosecutors often pursue felony charges such as vehicular assault under C.R.S. § 18-3-205 or, in fatal cases, vehicular homicide under C.R.S. § 18-3-106. These statutes impose severe penalties that can include lengthy prison terms, permanent criminal records, and the loss of driving privileges. What makes these cases uniquely complex is that the prosecution must not only prove impairment, but also that the impairment directly caused the injury. That element of causation is often the most contested aspect of trial, and it requires careful examination of medical evidence, accident reconstruction, and the reliability of chemical testing performed under Colorado’s express consent law, C.R.S. § 42-4-1301.1. At the same time, sentencing almost always involves mandatory treatment and education programs under C.R.S. § 42-4-1301.3, which can profoundly affect a person’s future.

Colorado DUI Causing Injury Lawyer

For individuals facing these charges, understanding the law, the possible defenses, and the procedures that follow is essential. In the following sections, Law Office of Matthew A. Martin, P.C. explains those issues in detail, with the goal of helping readers recognize the stakes and the importance of obtaining representation from an experienced Colorado DUI lawyer.

If you have been charged with DUI Causing Injury in Colorado, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of all types of DUI related crimes.

Call (303) 725-0017 to set up your first consultation free of charge.

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Understanding DUI Causing Injury in Colorado

How Colorado Defines DUI Causing Injury — Colorado does not have a standalone “DUI causing injury” statute. Instead, prosecutors apply DUI laws under C.R.S. § 42-4-1301 along with felony statutes. If impairment causes serious bodily injury, charges fall under vehicular assault (C.R.S. § 18-3-205). If death occurs, prosecutors pursue vehicular homicide (C.R.S. § 18-3-106). These provisions elevate a misdemeanor DUI into a felony when someone is harmed.

How Felony Liability Is Triggered — A DUI or DWAI alone may be a misdemeanor, but felony statutes under Title 18 apply when impairment causes injury or death. Vehicular assault is a class 4 felony when DUI causes serious bodily injury and a class 5 felony when DWAI or reckless driving causes serious bodily injury. Vehicular homicide is a class 3 felony when DUI causes death and a class 4 felony when DWAI or reckless driving causes death. Prosecutors often file both the DUI count and the felony injury or homicide count.

Testing and Implied Consent in Injury Cases — Under C.R.S. § 42-4-1301.1, all drivers give expressed consent to chemical testing when probable cause exists for DUI-related offenses. Samples must be taken within two hours of driving. If a driver refuses, officers may compel a blood draw in vehicular assault or homicide cases.

Mandatory Treatment and Monitoring After Conviction — C.R.S. § 42-4-1301.3 requires alcohol or drug evaluations after conviction. Courts impose Level I or Level II programs as probation conditions, ensuring treatment and supervision continue after sentencing.

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DUI Causing Injury Charges and Penalties in Colorado

How DUI Causing Injury Is Proven — Prosecutors must show that the defendant drove while impaired under C.R.S. § 42-4-1301 and that impairment proximately caused serious bodily injury under C.R.S. § 18-3-205. DUI requires proof of being substantially incapable of safe operation. DWAI applies when ability is affected to the slightest degree. Vehicular assault based on DUI is strict liability, requiring proof only of impairment and causation.

How BAC and THC Results Affect Injury Cases — C.R.S. § 42-4-1301(6) sets statutory presumptions. A BAC of 0.05 or less presumes no impairment. A BAC between 0.05 and 0.08 supports an inference of DWAI. A BAC of 0.08 or more supports an inference of DUI. A THC level of five nanograms or more allows an inference of marijuana impairment. Additional evidence, such as erratic driving or officer observations, can also support the case.

How Penalties Are Structured — DUI and DWAI penalties escalate with prior convictions and may include jail, fines, probation, and treatment. Vehicular assault under C.R.S. § 18-3-205 carries two to six years in prison for a class 4 felony and one to three years for a class 5 felony. Vehicular homicide under C.R.S. § 18-3-106 can result in four to twelve years for a class 3 felony or two to six years for a class 4 felony.

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Expressed Consent Law in DUI Causing Injury Cases

How Expressed Consent Works — C.R.S. § 42-4-1301.1 establishes that all Colorado drivers consent to chemical testing when probable cause exists for DUI, DUI per se, DWAI, or underage drinking and driving. Testing must generally occur within two hours. Adults may request a blood test, while minors face additional restrictions.

How Refusals Impact Cases — Refusal to test is a violation of the expressed consent law, admissible as evidence in court, and carries license revocation consequences. In DUI injury cases, refusal often damages a defense, as prosecutors argue it shows the driver sought to conceal impairment.

When Officers Can Compel Testing — Generally, officers cannot physically restrain a driver. However, C.R.S. § 42-4-1301.1(3) allows compelled blood draws if probable cause exists for vehicular assault or vehicular homicide. This ensures evidence is available even if the suspect refuses.

Special Rules for Extraordinary Circumstances — If unforeseen events prevent timely testing, such as equipment failures or medical emergencies, officers may switch the type of test. Refusal to comply in these circumstances is still treated as a refusal.

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Vehicular Assault in Colorado DUI Causing Injury Cases

How Vehicular Assault Is Defined — Under C.R.S. § 18-3-205, vehicular assault occurs when a driver proximately causes serious bodily injury through reckless driving or impaired driving. DUI-based vehicular assault is strict liability, requiring proof only of impairment and causation, not intent.

How DUI and DWAI Lead to Charges — DUI involves being substantially incapable of safe vehicle operation due to alcohol or drugs. DWAI applies when ability is affected to the slightest degree. Both can result in vehicular assault charges when linked to serious bodily injury.

How Colorado Defines Serious Bodily Injury — “Serious bodily injury” includes injuries creating a substantial risk of death, permanent disfigurement, or long-term impairment of a body part or organ. Fractures and breaks also qualify. Prosecutors must prove this threshold to secure a conviction.

How Penalties Are Structured — Vehicular assault is a felony. DUI-related cases are class 4 felonies with two to six years in prison. DWAI- or reckless-driving cases are class 5 felonies with one to three years. Sentences may increase if aggravating factors exist.

How Testing and Evidence Are Used — C.R.S. § 18-3-205(2) sets evidentiary inferences. BAC levels above 0.08 support DUI inferences, while five nanograms of THC supports marijuana impairment. Jurors may also weigh driving behavior, sobriety tests, and witness accounts.

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Vehicular Homicide in Colorado DUI Causing Injury Cases

How Vehicular Homicide Is Defined — C.R.S. § 18-3-106 defines vehicular homicide as causing death through reckless driving or impaired driving. DUI-related vehicular homicide is strict liability, requiring proof of impairment and causation without intent.

How DUI and DWAI Apply in Fatal Crashes — DUI requires proof of substantial incapacity to operate safely. DWAI requires proof that ability was affected to the slightest degree. Deaths caused by DUI fall under C.R.S. § 18-3-106(1)(b)(I), while DWAI-related deaths fall under C.R.S. § 18-3-106(1)(b)(I.5).

How Penalties Are Structured — DUI-related vehicular homicide is a class 3 felony with four to twelve years in prison. DWAI- or reckless-driving deaths are class 4 felonies with two to six years. Convictions result in permanent felony records and mandatory parole.

How BAC and THC Results Influence Cases — C.R.S. § 18-3-106(2) establishes evidentiary inferences. BAC of 0.08 or higher supports DUI, while five nanograms of THC supports impairment by marijuana. Courts also admit accident reconstruction, officer testimony, and witness evidence.

How Expressed Consent Interacts With Homicide Charges — C.R.S. § 42-4-1301.1 permits compelled testing when officers have probable cause for vehicular homicide. Test results often form the foundation of proof at trial.

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Defenses to DUI Causing Injury Charges in Colorado

Challenging the Traffic Stop — A defense attorney may argue that the initial stop of the vehicle violated constitutional protections. Under Colorado law, police must have reasonable suspicion of a traffic or criminal violation before initiating a stop. If the officer lacked legal grounds, all evidence gathered after the stop, including chemical tests and officer observations, may be suppressed. This challenge can be particularly effective in DUI causing injury cases where the prosecution’s case depends heavily on test results and field sobriety observations.

Questioning Chemical Test Accuracy — Prosecutors often rely on breath or blood test results authorized by C.R.S. § 42-4-1301.1. A defense can focus on whether the testing equipment was properly calibrated, whether the sample was contaminated, or whether procedures were followed according to the Department of Public Health and Environment regulations. Even small errors in chain of custody or scientific handling may be used to raise reasonable doubt about the reliability of results that claim to show impairment.

Arguing Lack of Proximate Cause — For charges under C.R.S. § 18-3-205 (vehicular assault) or C.R.S. § 18-3-106 (vehicular homicide), the prosecution must prove that impairment was the proximate cause of the injury or death. A defense attorney may argue that another factor—such as the actions of another driver, poor road conditions, or an unexpected medical emergency—caused the crash. If the impairment was not the legal cause of the harm, the jury may acquit on the most serious charges.

Disputing Serious Bodily Injury — Vehicular assault requires proof that the victim suffered “serious bodily injury” as defined by Colorado law. A defense may argue that while injuries occurred, they did not meet the statutory threshold of creating a substantial risk of death, permanent disfigurement, or long-term impairment. This strategy can sometimes result in reduced charges or lesser penalties if the jury agrees the injuries do not qualify as serious under the law.

Challenging Officer Observations — DUI cases often involve officer testimony about slurred speech, glassy eyes, or the smell of alcohol. A defense may present alternative explanations for these observations, such as fatigue, allergies, medical conditions, or stress from the crash itself. By undermining the credibility of the officer’s account, the defense may weaken the prosecution’s case that the driver was impaired at the time of the incident.

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Alcohol and Drug Driving Safety Program in Injury Cases

How the Program Is Mandated — C.R.S. § 42-4-1301.3 requires an alcohol or drug evaluation after conviction. This includes cases with companion felony charges for vehicular assault under C.R.S. § 18-3-205. Courts must review the evaluation before sentencing, or afterward if immediate sentencing occurs.

What Level I and Level II Programs Involve — Level I programs provide short-term education for lower-risk offenders. Level II programs involve intensive treatment, often outpatient or residential. The behavioral health administration oversees both, and defendants must cover costs.

How Evaluations Are Used — Evaluators review traffic history, substance use, and rehabilitation prospects. They may testify at hearings, refer defendants to treatment agencies, and report compliance or violations. Their findings often shape probation terms and sentencing.

How the Program Affects Sentencing and Probation — Courts rely on evaluation recommendations when setting probation. Noncompliance can trigger probation revocation and the imposition of suspended jail or prison time. In diversion or deferred sentences, completion of the program is often required to avoid conviction.

How the Program Ensures Long-Term Supervision — The program provides structured monitoring after sentencing. This is especially important in DUI causing injury cases, where courts emphasize rehabilitation and public safety.

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Why Legal Representation Is Critical in DUI Injury Cases

Building a Strong Defense Strategy — Lawyers evaluate whether the stop was lawful, whether chemical testing complied with statutory rules, and whether causation between impairment and injury can be challenged. They can bring in accident reconstructionists or medical experts to dispute severity of injuries or link to impairment. These strategies may reduce or dismiss charges.

Protecting Constitutional Rights — Defense counsel ensures evidence was obtained legally and that rights against unlawful searches or self-incrimination are upheld. If violations occurred, evidence may be suppressed, significantly weakening the prosecution.

Managing Sentencing and Treatment — Even when conviction is likely, attorneys advocate for alternative sentencing. Courts often impose alcohol or drug education under C.R.S. § 42-4-1301.3. Legal counsel can argue for appropriate Level I or II programs instead of lengthy incarceration and help manage restitution, probation, and license reinstatement.

Reducing Long-Term Consequences — A felony DUI conviction affects employment, licensing, and insurance. Lawyers may secure plea deals, mitigate sentencing, or preserve issues for appeal, protecting both immediate and long-term interests.

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Frequently Asked Questions About DUI Causing Injury In Colorado

What is DUI causing injury in Colorado?
DUI causing injury in Colorado occurs when impaired driving leads to an accident causing serious bodily harm. Prosecutors typically charge vehicular assault under C.R.S. § 18-3-205. This elevates a misdemeanor DUI into a felony with severe penalties.

Is DUI causing injury a felony offense in Colorado?
Yes. DUI causing injury is prosecuted as vehicular assault, a felony under C.R.S. § 18-3-205. It is a class 4 felony if impairment causes serious injury. Convictions carry prison time, fines, treatment requirements, and a permanent criminal record.

What penalties come with DUI causing injury in Colorado?
Penalties for DUI causing injury include two to six years in prison for a class 4 felony conviction. Defendants may also face probation, mandatory treatment, fines, restitution, and loss of driving privileges. Penalties increase with aggravating circumstances.

How does Colorado prove DUI causing injury?
Prosecutors must show impairment under C.R.S. § 42-4-1301 and prove that impairment directly caused serious bodily injury. They rely on chemical test results, officer observations, accident reconstruction, and medical evidence. The causation element is often the most contested trial issue.

Can someone refuse testing in a DUI causing injury case?
Under Colorado’s expressed consent law, drivers are deemed to have consented to chemical testing. Refusal results in license revocation and may be admitted at trial. In DUI causing injury cases, officers can compel blood draws with probable cause.

What counts as serious bodily injury in DUI causing injury cases?
Colorado law defines serious bodily injury as an injury creating substantial risk of death, permanent disfigurement, or protracted impairment of a body function. Examples include broken bones, traumatic brain injuries, or internal organ damage. Lesser injuries typically do not qualify.

Do first-time offenders face prison for DUI causing injury?
Yes. Even first-time offenders face potential prison sentences because DUI causing injury is a felony. Judges may also impose probation, restitution, mandatory treatment, and community service. Whether incarceration is ordered depends on injury severity, BAC level, and case specifics.

What defenses exist in DUI causing injury cases?
Defenses may include challenging the legality of the stop, disputing chemical test accuracy, arguing lack of proximate cause, or questioning whether injuries qualify as “serious.” Defense attorneys may also challenge officer observations or present alternative explanations for observed behaviors.

How is vehicular assault linked to DUI causing injury?
Vehicular assault under C.R.S. § 18-3-205 applies when impairment causes serious bodily injury. DUI-related vehicular assault is a class 4 felony, while DWAI or reckless driving cases may be class 5 felonies. Prosecutors often file both DUI and assault charges.

Why hire a lawyer for a DUI causing injury charge?
A lawyer analyzes evidence, challenges chemical tests, and disputes causation. They protect constitutional rights, manage sentencing, and negotiate plea deals. Effective representation may reduce charges or penalties, protect long-term interests, and ensure compliance with mandatory treatment requirements.

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Resources

Colorado Revised Statutes § 18-3-205 – Vehicular Assault — This statute defines vehicular assault when serious bodily injury results from reckless driving or from driving under the influence or while ability is impaired. It explains felony classifications, the definitions of DUI and DWAI for this offense, permissible inferences from alcohol or THC levels, and testing provisions.

Colorado Revised Statutes § 18-3-106 – Vehicular Homicide — This statute defines vehicular homicide when death results from reckless driving or from driving under the influence or while ability is impaired. It addresses felony levels, the DUI and DWAI standards specific to this offense, evidentiary inferences based on alcohol and THC, and testing procedures.

Colorado Department of Transportation – Impaired Driving
This CDOT page provides impaired-driving information, campaigns, and resources. It links to safety messaging, “The Heat Is On” enforcement, training resources, and DUI law and BAC information.

Colorado Department of Transportation – July Marks Deadliest Month for Impaired Driving So Far This Year
This CDOT news release reports that July had the highest impaired-driving fatalities to date in the year, details upcoming high-visibility enforcement, and notes costs and legal consequences of DUIs. It explains Colorado’s expressed consent testing outreach and enforcement periods.

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Hire a DUI Causing Injury Defense Attorney in Denver, Colorado

If you have been charged with DUI Causing Injury or any other DUI Offense in the state of Colorado, call (303) 725-0017 to set up your first consultation free of charge.

Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.