A DUI allegation after a Colorado crash can lead to more than a damaged car and a court date. It may involve a DUI or DWAI charge, a separate driver’s license proceeding, and additional charges if someone was hurt. But a collision does not automatically turn a DUI into a felony. The injury, the cause of the crash, and the driver’s prior record all matter.
If you are facing this situation, start with the paperwork you received. Identify your court date, any release conditions, and any notice affecting your license. Prioritize those deadlines while your lawyer investigates what happened.
When does a DUI accident become a felony?
The starting point is the evidence, not the amount of damage in a photograph. Colorado’s DUI law and its vehicular assault law address different conduct. A crash may support several allegations, but each charge has its own requirements.
Property damage or injuries below the serious bodily injury threshold
A crash involving property damage alone does not establish vehicular assault. The same is true of an injury that does not meet Colorado’s legal definition of serious bodily injury. DUI, driving while ability impaired (DWAI), careless driving, or other charges may still be possible, depending on the facts.
Prior convictions also matter. Under Colorado law, DUI and DWAI are generally misdemeanors, but three or more qualifying prior convictions from separate incidents can make a new offense a class 4 felony. That rule can apply even when no one is injured.
Serious bodily injury to another person
Under C.R.S. § 18-1-901(3)(p), serious bodily injury includes broken bones, second- or third-degree burns, and injuries involving a substantial risk of death, serious permanent disfigurement, or prolonged loss or impairment of bodily function. Those are examples, not the entire statutory definition or list.
An injury does not have to be life-threatening to qualify. A fracture can meet the definition even when the person is expected to recover. Medical evidence matters, and the initial description of an injury at the scene may not tell the whole story.
C.R.S. § 18-3-205 distinguishes among these forms of vehicular assault:
| Alleged driving conduct | Required result | Offense classification |
|---|---|---|
| Driving under the influence | The conduct proximately causes serious bodily injury to another person | Class 4 felony |
| Driving while ability impaired | The conduct proximately causes serious bodily injury to another person | Class 5 felony |
| Reckless driving | The conduct proximately causes serious bodily injury to another person | Class 5 felony |
“Proximate cause” is a legal requirement connecting the driving conduct to the injury. An accusation of impairment and the existence of an injury don’t, by themselves, resolve that question. The prosecution must prove the elements of the charged offense.
A crash in which someone dies
A fatal crash may lead to a vehicular homicide charge under C.R.S. § 18-3-106. That is a separate offense with its own elements and sentencing rules. A lawyer needs to review the specific charging document and evidence before assessing the potential consequences.
What evidence matters in a DUI crash case?
A defense review looks at both the alleged impairment and the collision. The police report is a starting point, but the underlying records can answer questions the report leaves open.
- Driving and timing: Who was driving, when did the crash occur, and what do witnesses, recordings, and other records establish?
- Alcohol or drug evidence: What did the officer observe? What testing occurred, when was it performed, and do the collection, handling, and testing records support the result?
- The collision: What do vehicle damage, photographs, road conditions, traffic controls, available video, and reconstruction evidence show about how the crash happened?
- The injury: What do the medical records establish about the injury, its connection to the crash, and whether it meets the statutory threshold?
Your own injuries and medical treatment may also matter when interpreting observations or test evidence. Give your lawyer an accurate timeline, including any medication administered after the crash. Do not assume an unusual result proves an error, or that a test result answers every question.
Maher & Maher’s vehicular assault and homicide defense practice addresses these kinds of factual and legal issues. The useful question is which parts of the prosecution’s case the available evidence supports and which require closer examination.
What consequences can follow a conviction?
Depending on the offense and circumstances, consequences can include jail or prison, fines, probation, community service, and alcohol or drug evaluation and treatment. Colorado has separate DUI sentencing provisions and felony sentencing rules. Prior convictions, the charge, and any applicable sentencing enhancements affect the analysis.
A crash can also create a financial obligation beyond a fine. A court may order restitution for qualifying losses caused by the criminal conduct. Insurance claims and civil liability raise additional questions, so share any claim correspondence with your lawyer.
A general penalty chart cannot tell you what will happen in your case. Ask counsel to explain the sentencing range and any mandatory requirements tied to the actual charges before you evaluate a plea offer.
Your license has a separate deadline
The criminal case and the administrative license proceeding are separate. Under Colorado’s administrative revocation law, a qualifying alcohol test result or a refusal of required chemical testing can trigger DMV action before the criminal case is resolved.
For that administrative revocation, the hearing-request rule generally gives you seven days after receiving the notice, or being legally deemed to have received a mailed notice, to request a hearing in writing. Mailed notice has specific receipt rules. Read the notice immediately and confirm the exact deadline; don’t wait for your first court appearance.
Keep the notice and its envelope. Ask your lawyer about your current driving status and any temporary permit or reinstatement requirements. A pending court case does not itself give you permission to drive.
If hospitalization or another physical incapacity prevented a timely request, tell your lawyer promptly. The statute allows consideration of certain late requests, but a late request does not automatically stop a revocation.
What to do after the crash
If you are still dealing with the immediate aftermath, get emergency help where needed and comply with Colorado’s duties to stop, provide information, and render reasonable assistance. Leaving the scene can create a separate legal problem. Once immediate safety needs are addressed:
- Keep every document. Save the citation, release paperwork, court notices, license notices, and towing information. Put the actual deadlines in your calendar.
- Preserve existing evidence. Keep photographs, messages, dashcam recordings, and witness contact information. Tell your lawyer where additional footage may exist so they can evaluate preservation requests. Don’t delete or alter records.
- Be careful about discussing the case. You can seek legal advice before answering investigative questions. Comply with required identification and crash-reporting duties, and avoid posting your account online or discussing the evidence with witnesses.
- Follow release and protection orders. Review any restrictions on contact, driving, alcohol use, or travel. Ask your lawyer if a condition is unclear.
- Bring a complete picture to the consultation. Include the paperwork above, your account of the timeline, known prior cases, medical treatment after the crash, and any insurance correspondence.
Get clear answers about your charges and next steps
It is understandable to worry about an injured person, your job, and how you will get to work while the case is pending. You don’t have to predict the entire outcome before taking the next useful step.
Maher & Maher Law’s Colorado Springs DUI defense team can review the charges, explain the court and license processes, and assess the evidence. Start with your notices and your questions. Call 719-301-7500 or request a free consultation to discuss your situation.
Frequently asked questions
Can I face vehicular assault charges on a first DUI?
Yes. A prior DUI conviction is not required for vehicular assault. The prosecution must prove the elements of the applicable offense, including serious bodily injury to another person and the required causal connection. A first offense does not eliminate the possibility of a felony charge.
What if I was the only person injured?
Vehicular assault under C.R.S. § 18-3-205 requires serious bodily injury to another person. Your own injury alone does not satisfy that element. DUI, DWAI, or other charges may still be possible.
What if the other driver caused the collision?
Crash causation is a separate issue from whether you drove under the influence or while impaired. Evidence about another driver’s actions may be important to a vehicular assault allegation. It does not automatically eliminate a DUI or DWAI charge. Have counsel examine both questions.
Can I be charged if my BAC was below 0.08?
Yes. DUI and DWAI are not limited to a BAC of 0.08 or higher. Colorado also addresses impairment from drugs or a combination of alcohol and drugs. A BAC result must be evaluated with the charge and other evidence; being below 0.08 does not automatically rule out criminal liability.
Is jail unavoidable after a DUI accident?
The fact of a crash alone does not determine the sentence. The offense of conviction, prior record, BAC where relevant, and applicable sentencing requirements matter. Some circumstances carry mandatory jail requirements. A lawyer can explain the options and restrictions in your case without promising a particular outcome.
This article provides general information about Colorado law, not legal advice for a specific case.