DUI Vehicular Manslaughter Attorney Northglenn, CO

Vehicular Manslaughter DUI

Traffic collisions that result in serious injury or death are always tragic, and the aftermath often involves finding someone to blame. Unfortunately, law enforcement typically focuses on assigning fault, especially when alcohol is involved. 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 surrounding the crash. This assumption can be detrimental, particularly for those who may not be entirely at fault but are still under the influence. If you have been charged with vehicular manslaughter as a result of a DUI in Colorado, the situation can be more complicated if you hold an out-of-state license, adding layers of complexity to an already serious charge.

Experienced Denver defense attorneys understand the stakes are incredibly high in these cases, and the consequences can be life-altering. Not only is a driver under the influence of alcohol or drugs more likely to be blamed for a serious or fatal collision, but Colorado law also provides enhanced penalties for such crashes. This is especially true for those who have multiple DUI offenses, as they are subject to much harsher penalties when the offenses involve serious injuries or fatalities. This means that repeat offenders are at significant risk of facing severe legal consequences that could permanently alter their lives.

It’s important to note that DUIs involving substances other than alcohol, such as marijuana, can also lead to vehicular manslaughter charges. Colorado’s evolving stance on marijuana has not diminished the seriousness with which such offenses are prosecuted, and drivers need to be aware of the potential consequences. In all these scenarios, having a skilled defense attorney who understands the nuances of Colorado law is crucial to navigate the complexities and to advocate for the fairest possible outcome.

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.

Frequently Asked Questions

What is vehicular manslaughter in the context of DUI in Northglenn, Colorado?

Vehicular manslaughter in the context of DUI in Northglenn, Colorado, involves causing the death of another person while driving under the influence of alcohol or drugs. It is classified as vehicular homicide, a serious offense with severe penalties including significant prison time and hefty fines. Colorado law distinguishes between vehicular assault (when the victim survives but sustains serious injuries) and vehicular homicide. Successfully defending against such charges often involves challenging the DUI evidence or demonstrating the absence of reckless behavior. Our vehicular manslaughter defense attorney can provide crucial legal representation to challenge these charges.

How can a vehicular manslaughter defense attorney help me in Northglenn, Colorado?

Our vehicular manslaughter defense attorney in Northglenn, Colorado, can help by challenging the DUI evidence, such as the accuracy of breathalyzer or blood tests, and examining the circumstances of the accident to identify any possible defenses. We can negotiate with prosecutors for reduced charges or penalties and represent you in court to advocate for your rights. Additionally, our attorney can help navigate the legal system, ensuring all procedural requirements are met. Our expertise is vital in navigating the complexities of such serious charges.

What are the potential penalties for vehicular manslaughter due to DUI in Colorado?

Vehicular manslaughter due to DUI in Colorado involves causing the death of another person while driving under the influence of alcohol or drugs. This offense is classified as vehicular homicide, which can result in severe penalties. For instance, if the death is caused by driving under the influence, it is considered a Class 3 felony with potential penalties including 4-12 years in prison and fines up to $750,000. Additionally, the state does not need to prove reckless driving, only that the driver was under the influence and that their driving was the proximate cause of the death. Consulting with a defense attorney is essential to understand and potentially mitigate these penalties.

Can I challenge the DUI aspect of my vehicular manslaughter charge?

Yes, you can challenge the DUI aspect of your vehicular manslaughter charge in Northglenn, Colorado. An experienced attorney can help by questioning the accuracy and legality of the breathalyzer or blood tests, investigating the arresting officer's conduct, and scrutinizing the evidence of impairment. Successfully challenging the DUI charge can significantly impact the case, potentially reducing the charges to reckless driving or even leading to a dismissal. Please reach out to us for more information on your case.

Additional Information in Northglenn, Colorado

Colorado General Assembly - Criminal Law and Procedure: The statute of limitations for prosecuting vehicular homicide cases where the offender leaves the scene. It extends the statute of limitations from five to ten years for these offenses when they occur as part of the same criminal episode. This law also amends related civil action timeframes, such as wrongful death suits. This information is crucial for defending against vehicular manslaughter charges as it outlines the legal timeframes within which charges and civil suits must be initiated.

Colorado Judicial Branch - Chapter 3: Homicide and Related Offenses: Outlines the elements and legal standards for various homicide offenses in Colorado, including first-degree murder, second-degree murder, manslaughter, and vehicular homicide. It details the definitions, affirmative defenses, and special instructions related to each charge, including the implications of blood alcohol levels in vehicular homicide cases. This information is crucial for understanding the specific charges, potential defenses, and evidentiary requirements, aiding in the defense strategy for a vehicular manslaughter case.

Mothers Against Drunk Driving - Victim Assistance: Offers emotional support, guidance through the legal system, and resources for victims of drunk and drugged driving crashes. Services include court accompaniment, help with victim impact statements, and referrals to additional resources. MADD advocates also assist with applying for financial compensation through programs like Crime Victim Compensation. This support can be crucial for those involved in vehicular manslaughter cases, ensuring they receive necessary aid and understand their rights throughout the legal process.