Charged with Vehicular Assault After a DUI in Colorado

Being charged with vehicular assault after a DUI in Colorado is a serious and life-changing situation. Unlike a standard DUI offense, vehicular assault involves allegations that impaired driving caused serious bodily injury to another person. This elevates the charge to a felony and significantly increases the potential penalties.

If you or a loved one is facing a DUI-related vehicular assault charge in Denver or anywhere in Colorado, it is critical to understand what you are up against — and what steps you should take next.

At Alfrey & Associates, PC, we defend individuals accused of serious felony offenses, including DUI vehicular assault. Call 720-971-1832 today to schedule a consultation and protect your rights.

What Is DUI Vehicular Assault in Colorado?

Under Colorado law, a person can be charged with vehicular assault if they operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both, and their actions cause serious bodily injury to another person.

This offense is typically charged as a Class 4 felony.

The prosecution must prove:

1. You were driving a motor vehicle
2. You were under the influence of alcohol or drugs
3. Your impaired driving caused serious bodily injury

Each of these elements must be established beyond a reasonable doubt. Challenging any one of them can significantly impact the outcome of your case.

What Counts as Serious Bodily Injury?

“Serious bodily injury” is a key factor in these cases. Colorado law defines it as an injury involving:

• A substantial risk of death
• Permanent disfigurement
• Protracted loss or impairment of a bodily function
• Broken bones
• Traumatic brain injuries
• Spinal injuries

Not every injury qualifies. In many cases, the severity and medical classification of the injury become central issues in the defense strategy.

At Alfrey & Associates, PC, we carefully examine medical evidence and accident details to determine whether the legal standard has truly been met.

Potential Penalties for DUI Vehicular Assault

A conviction for vehicular assault while driving under the influence carries severe consequences, including:

• 2 to 6 years in prison
• Fines ranging from $2,000 to $500,000
• 3 years of mandatory parole
• A permanent felony record
• License revocation

In addition to criminal penalties, a felony conviction can affect employment, professional licensing, housing opportunities, and your overall future. Because the stakes are so high, early legal representation is critical.

How Is DUI Vehicular Assault Different from a Standard DUI?

A standard DUI charge focuses on impairment alone. Vehicular assault adds another layer: serious injury allegedly caused by that impairment.

This means prosecutors must not only prove intoxication but also:

• Causation — that impairment directly led to the injury
• The seriousness of the injury under Colorado law

If causation cannot be clearly established, the charge may be challenged.

At Alfrey & Associates, PC, we thoroughly review accident reports, toxicology results, and investigative procedures to identify weaknesses in the prosecution’s case.

Possible Defenses to DUI Vehicular Assault Charges

Every case is unique, but potential defense strategies may include:

Challenging the DUI Evidence

• Improper traffic stop
• Faulty breath or blood testing
• Violations in chemical testing procedures
• Inaccurate field sobriety testing

Disputing Causation

Even if impairment is alleged, the prosecution must prove that impairment caused the accident. Other factors may have contributed, such as:

• Weather conditions
• Road design
• Mechanical failure
• Actions of another driver
• 
  

Questioning the Injury Classification

Medical documentation must meet Colorado’s legal definition of serious bodily injury. If it does not, the felony charge may be contested.

At Alfrey & Associates, PC, we build defense strategies tailored to the specific facts of each case, carefully examining every piece of evidence.

What Happens After You Are Charged?

If you are arrested for DUI vehicular assault in Colorado, the legal process may include:

• First court appearance
• Bond determination
• Formal filing of charges
• Discovery phase
• Pretrial motions
• Possible plea negotiations or trial

Felony cases are handled in district court and move under strict procedural rules. Having an experienced criminal defense attorney by your side can make a significant difference in navigating each stage.

The Importance of Acting Quickly

Time matters in felony cases. Evidence can be preserved, witnesses can be interviewed, and legal motions can be filed early in the process to protect your rights.

Delaying legal representation may limit your options and allow the prosecution to strengthen its case without challenge.

If you are under investigation or have already been charged, contacting Alfrey & Associates, PC immediately can help you take control of the situation.

Protect Your Future with Alfrey & Associates, PC

A vehicular assault charge after a DUI is not just another traffic offense — it is a serious felony that can impact the rest of your life.

At Alfrey & Associates, PC, we are dedicated to providing strong criminal defense representation for individuals facing high-stakes charges in Denver and throughout Colorado. We understand the complexities of DUI-related injury cases and fight to protect our clients’ rights at every stage.

If you or someone you care about has been charged with vehicular assault after a DUI, call 720-971-1832 today to schedule a consultation.

Your future deserves a strong defense. Take action now.