What is the Difference Between Vehicular Assault Charges for Reckless Versus Intoxicated Driving?
Throughout Denver and the surrounding suburbs, Colorado residents and visitors rely on cars and trucks to travel from one location to another. However, motor vehicle crashes happen more often than many people want to think about, and in some cases, vehicle occupants or pedestrians sustain severe and life-threatening injuries. Under Colorado law, if you are involved in a motor vehicle collision in which another person sustained serious bodily injury, you could face charges for vehicular assault. To be clear, this type of criminal offense can be charged under Colorado Revised Statutes Section 18-3-205 if you were intoxicated at the time of the crash, and in some cases, even if you were not.
What is the difference between vehicular assault charges for reckless versus intoxicated driving? Our experienced Denver vehicular assault defense lawyers can tell you more, and we are here to speak with you today about the details of your case and options for your defense.
Understanding Vehicular Assault Charges in Colorado
Vehicular assault can be charged in Colorado in two circumstances: when a driver’s recklessness is the proximate cause of another party’s serious bodily injury, or when a driver’s intoxication is the proximate cause of another party’s serious bodily injury. Reckless driving generally means driving “with a wanton or willful disregard for the safety of others,” according to Colorado law.
The statute is clear that driving a vehicle in a reckless manner (even completely sober), or either operating a vehicle while ability impaired (DWAI) or under the influence (DUI) of alcohol or drugs can result in vehicular assault charges. Under the law, it is also critical to understand that having a valid prescription for a medication, or otherwise using it lawfully — such as marijuana, or an ability-impairing drug for ADHD or another medical condition — is not a defense to vehicular assault charges.
How Reckless Driving Versus DWAI/DUI Charges for Vehicular Assault Differ
The primary difference between vehicular assault charges based on reckless driving versus DWAI/DUI is that DWAI/DUI vehicular assault charges are more serious than reckless driving vehicular assault charges.
To be very clear, both are felony offenses. However, reckless driving vehicular assault is a Class 5 felony (with a possible sentence of up to 3 years in prison and a fine of up to $1,000), whereas DUI vehicular assault is a Class 4 felony (with a possible sentence of up to 6 years in prison and a fine of up to $500,000).
It is only possible to be convicted of either of these offenses when the prosecution proves either that your reckless driving, or your intoxicated driving, was the proximate cause of the serious bodily injury that occurred.
Contact a Denver Vehicular Manslaughter Defense Attorney
Anyone who is facing charges for vehicular assault in Colorado needs to begin building a strong defense that is tailored to the facts of their case. An experienced Denver vehicular assault defense lawyer at DeChant Law can speak with you today about the facts surrounding your arrest and can begin working with you to build a defense that may be able to help you avoid a felony conviction.
Source:
leg.colorado.gov/sites/default/files/images/olls/crs2023-title-18.pdf
