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Vehicular Manslaughter DUI Attorney

Vehicular Manslaughter DUI

Traffic collisions that result in serious injury or death are always tragic. Unfortunately, law enforcement typically looks for someone to blame for these “accidents.”

That is particularly true if alcohol is involved. In fact, a driver determined to be under the influence of alcohol or drugs is more likely to be blamed for causing a collision, regardless of the other facts or circumstances of a crash.

Experienced Denver defense attorneys understand the stakes are high in these cases. Not only is a driver under the influence of alcohol or drugs more likely to be blamed for a serious or fatal collision, Colorado law provides enhanced penalties for such crashes.

DUI Vehicular Manslaughter Sentence

While some states define vehicular manslaughter as a criminal traffic charge, Colorado law recognizes vehicular assault, in cases involving drunk or reckless driving in which a victim survives, and vehicular homicide, for the death of a motorist caused by an intoxicated or reckless driver.

Vehicular Assault CRS § 18-3-205
Intoxicated driving that results in serious bodily injury.
Class 4 felony.
2 to 6 years in prison.
$2,000-$500,000 fine.
Beating the DUI charge can result in a charge of reckless driving:
Class 5 felony
1 to 3 years in prison
$1,000 to $100,000 in fines.
Vehicular homicide § 18-3-106 CRS
Causing the death of a person under the influence.
Class 3 felony.
4 to 12 years in prison.
At least $3,000 to $750,000 in fines.
Beating the DUI charge in a vehicular homicide case can result in a charge of recklessness.
Class 4 felony.
2 to 6 years in prison.
At least $2,000 to $500,000 in fines.

An experienced vehicular homicide defense attorney in Denver will focus defense of such charges on a number of key points:

  • Beating the DUI or DWAI case: If it can be proven you were not driving under the influence of alcohol or driving while your abilities were impaired by alcohol, you cannot be convicted of an alcohol related traffic offense involving serious or fatal injury.
  • Recklessness: Likewise, for allegations of recklessness, which is a lesser charge for vehicular assault and vehicular homicide not involving alcohol. Like the underlying alcohol-related charges, which hinge on showing a defendant acted in an unsafe manner, if it can be shown an accused driver was not acting in a reckless manner, he or she should not be convicted of reckless vehicular assault or homicide.
  • Causation: When law enforcement determines an involved driver is under the influence of alcohol or drugs, the investigation too often stops. If it can be shown that an accused motorist was not at fault for causing a collision, resulting charges should be dropped, dismissed, or beat in court.

Those facing charges should consult with a drunk driving defense  lawyer in Denver or the surrounding areas, including Highlands Ranch, Littleton, Ken Caryl, Columbine, Golden, Lakewood, Broomfield, and Arvada.

Call drunk driving defense lawyer James Colgan for a free and confidential consultation to discuss your rights. Call 720-909-6425 today.

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