Having a vehicular assault DUI Colorado charge on your record can have serious repercussions. As a driver in the state of Colorado, you have a duty to ensure not only your own safety but that of those around you when behind the wheel. This duty is to other drivers, pedestrians, or passengers in your own vehicle. When that duty is breached and you injure someone due to negligence while driving, you can face serious consequences.
Mark Thiessen, the top DUI attorney in Aspen from Thiessen Law Firm, is here to explain how someone can obtain a vehicular assault charge, the penalties and consequences, and most importantly, how to get a “Not Guilty” verdict.
What constitutes as vehicular assault in Colorado?
CRS 18-3-205 is the Colorado state law that defines vehicular assault as reckless driving or intoxicated driving that seriously injures another person –– even if this person is a passenger in your own vehicle. This law makes it a felony for a driver to operate a vehicle in a reckless manner or under the influence of alcohol and/or drugs and as a result, cause serious bodily injury to another.
What constitutes reckless driving? Your driving is considered reckless if you are blatantly and knowingly disregarding the safety of others, whether those individuals are other drivers, pedestrians, or passengers in your vehicle. Examples of reckless driving can include:
- Swerving between lanes of traffic
- Running through red lights
What is serious bodily harm? Serious bodily harm refers to injuries that involve:
- Risk of permanent or severe disfigurement
- Risk of loss or impairment of the function of any organs or body parts
- Risk of death*
- If you kill someone as a result of reckless or drunk driving that would be a charge for vehicular homicide in Colorado. In an assault charge, you only put their lives at risk for death.
- Any breaks, fractures, or burns of the second or third degree
Under the eyes of the law, it does not matter if the driver intended to hurt someone. Did the driver’s actions cause serious bodily harm as a result of their negligent actions? If so, that driver can be given a vehicular assault sentence in Colorado and will be facing severe consequences.
Penalties for vehicular assault sentence in Colorado
A vehicular assault charge, whether due to recklessness or a DUI/DWAI, is a felony, even if you are a first time offender.
If this is your DUI Colorado first offense or you’re facing a Felony DUI in Colorado, but you did manage to cause someone bodily injury, your case now has a vehicular assault charge slapped onto it.
Your penalties will be decided on how severe the victim’s injuries are and the circumstances involving the accident. In any case, it’s best to have a good DUI or DWAI lawyer in your corner to fight these charges.
Vehicular assault charges and their penalties
Recklessness – Class 5 felony
|Jail*||1 year||3 years|
*This jail sentence comes with a mandatory 2-year parole period.
DUI or DWAI – Class 4 felony
|Jail*||2 years||6 years|
*This jail sentence comes with a mandatory 3-year parole period.
These penalties can be life-altering. Prison time, mandatory parole, and massive fines can disrupt the rest of your life. It is crucial that you find a top vehicular assault attorney in Colorado to represent you. Don’t settle for any attorney –– when facing a serious charge such as a vehicular assault DUI in Colorado, you need the best of the best. You need Mark Thiessen from Thiessen Law Firm to fight for your freedom.
How to fight a vehicular assault charge in Colorado
Only experienced and aggressive DUI attorneys can create a top-tier defense strategy in court. Here are some of the strategies that a trusted attorney, like Mark Thiessen, would utilize in your case’s defense:
- The accident was not your (the defendant’s) fault
- You were not driving recklessly
- You were not driving under the influence of drugs or alcohol
- The DUI blood or breath test was not administered properly by the police
- The equipment used in said “DUI test” was faulty or outdated
- Note: blood tests are notoriously inaccurate for detecting controlled substances
- The victim was not seriously injured
- The officer did not properly administer your rights
Now, you may be wondering, “What can Mark Thiessen do for me what other attorneys can’t?” Credentials, experience, and a winning streak are what set Mark apart from other lawyers. Mark is Board Certified in both DUI Defense by the National College for DUI Defense (as approved through the American Bar Association) and DUI Law by the DUI Defense Lawyers Association. In addition, Mark has also earned the American Chemical Society-Chemistry and the Law’s (ACS-CHAL) Forensic Lawyer-Scientist designation — the highest form of scientific recognition available for lawyers.
Put simply, Mark Thiessen has the knowledge, experience, and expertise needed to fight your vehicular assault charge. These awards and credentials ultimately point to the fact that he has earned his spot in the top-rated attorneys. He will not stop fighting until you are given a “Not Guilty” verdict.
Facing a Vehicular Assault DUI in Colorado? You Need Mark Thiessen.
If you’re facing a vehicular assault DUI in Colorado charge, it’s time to call a top-rated attorney to represent you. Mark Thiessen is Aspen’s top DUI attorney who is aggressive and trial-tested. With his expert knowledge of Colorado’s DUI laws and obsession with winning, he is the best attorney to turn to in your time of need. He will work tirelessly to ensure your freedom.
Call Mark Thiessen at 970-233-9000 or contact us online today for a FREE case evaluation.