A DUI charge in Colorado is always serious, but when the incident involves an accident that causes injury or property damage, the stakes are much higher. What might have been treated as a misdemeanor DUI can quickly turn into a felony offense with life-changing consequences.
If your DUI resulted in an accident, having an experienced DUI attorney by your side can make all the difference. The Law Office of Richard B. Huttner has extensive experience in DUI defense cases throughout Colorado, including those complicated by accidents causing injury or property damage. Contact the Law Office of Richard B. Huttner for a confidential consultation and strong legal representation tailored to your unique situation.
How Colorado Law Treats DUI Accidents and Resulting Injuries
In Colorado, DUI cases that involve an accident are treated with increased criminal penalties. When a DUI leads to a crash, prosecutors may elevate the charges, potentially upgrading a misdemeanor DUI to a felony.
If the accident results in injury or death, felony charges such as vehicular assault or vehicular homicide may be filed alongside the DUI charge.
If a DUI in Colorado causes property damage, prosecutors can file separate criminal charges for the damage in addition to the DUI. This means facing multiple charges at once, which can lead to harsher penalties like fines, jail time, probation, and license suspension.
When Does a DUI Become a Felony in Colorado?
Under Colorado law, most first and second DUI offenses are misdemeanors with penalties including jail time (from 5 days to 1 year), fines ($600 to $1,500), community service, and license suspension.
However, if a DUI leads to an accident causing serious bodily injury or death, the charge escalates to a felony:
- Vehicular Assault (serious bodily injury) is a Class 4 felony punishable by 2 to 6 years in prison, fines up to $500,000, 3 years of mandatory parole, restitution to victims, and mandatory alcohol education.
- Vehicular Homicide (death) is a Class 3 felony with penalties of 4 to 12 years in prison, higher fines, longer parole, restitution, and treatment programs.
A fourth or subsequent DUI offense, regardless of an accident, is also a Class 4 felony with similar prison and financial penalties. Even without injury or death, property damage can lead to enhanced penalties, including higher fines and longer jail terms.
Factors such as a high blood alcohol content (BAC of 0.15% or more), prior DUI convictions (no lookback period in Colorado), and fleeing the scene further increase penalties.
Immediate Steps After a DUI Accident: What to Expect from Law Enforcement
After a crash where impairment is suspected, police will investigate carefully. They may:
- Ask you to perform field sobriety tests and submit to breath or blood tests.
- Talk to witnesses and review any available video footage from dashcams or nearby cameras.
- Record details about property damage and injuries to support the criminal case.
If you are arrested, remember that anything you say can be used against you. It’s best not to discuss the accident with police or others until you have spoken with a criminal defense attorney.
The Role of a Denver DUI Defense Attorney in Accident Cases
A DUI accident case requires careful handling from the very beginning. An experienced DUI defense attorney can evaluate the evidence, protect your rights, and work to minimize the impact of the charges.
Here are some of the key ways your attorney can help:
- Investigate how the crash occurred, including road conditions and the actions of other drivers.
- Challenge the BAC test results if there were issues with how the test was conducted or if procedures weren’t followed.
- Identify possible violations of your constitutional rights, such as unlawful stops or searches.
- Negotiate with prosecutors to reduce charges or explore alternative sentencing options.
Having a skilled DUI defense lawyer ensures that every detail of your case is reviewed with the goal of protecting your future.
Understanding the Potential Civil and Financial Consequences of a DUI Crash
In addition to criminal penalties, a DUI accident can lead to major financial consequences. Victims may pursue civil lawsuits seeking compensation for medical bills, vehicle repairs, lost wages, and pain and suffering.
If you’re convicted, you could be required to pay restitution to victims and face long-term increases in your car insurance rates. These financial burdens can last years beyond the end of your criminal case.
Steps to Take if You’re Involved in a Colorado DUI Accident
If you’ve been accused of causing an accident while under the influence, take immediate action to protect yourself and your legal rights:
- Do not discuss fault or make statements to law enforcement beyond providing basic identification.
- Request an attorney right away before answering questions or agreeing to any testing beyond what is legally required.
- Gather evidence if possible, such as photos of the accident scene or contact information of witnesses.
- Follow all court instructions and stay in close contact with your defense attorney.
The sooner you involve an experienced criminal defense lawyer, the stronger your defense strategy can be.
Contact Our Experienced Denver DUI Defense Team Today
If your DUI offense resulted in an accident, you’re likely facing serious legal challenges that could affect every part of your life. At The Law Office of Richard B. Huttner, we provide aggressive and strategic representation for individuals charged with DUI offenses across Denver and the surrounding Colorado areas.
With decades of experience, Attorney Richard Huttner understands how to challenge DUI evidence, negotiate effectively with prosecutors, and protect clients from unnecessarily harsh penalties.
Contact The Law Office of Richard B. Huttner today at (303) 981-6366 to schedule a confidential consultation.
Our office is located at:
720 S Colorado Blvd, Penthouse North, Denver, CO 80246
The decisions you make after a DUI accident can shape your freedom and your future. Don’t wait, speak with an experienced Denver DUI defense attorney today.
