Vehicular Assault in Colorado: What You Need to Know About Charges and Penalties

November 6, 2025

Vehicular Assault in Colorado: What You Need to Know About Charges and Penalties

Being charged with vehicular assault in Colorado is a serious matter. This felony offense can result in years of prison time, steep fines, and a permanent criminal record that affects nearly every aspect of your life. If you or a loved one is facing vehicular assault charges, understanding the law — and your defense options — is critical. At Alfrey & Associates, PC, we are committed to protecting your rights and fighting for the best possible outcome.


What Is Vehicular Assault in Colorado?

Under Colorado law, a person may be charged with vehicular assault if they cause serious bodily injury to another person while operating a vehicle under either of the following circumstances:



  • Driving Under the Influence (DUI): Operating a motor vehicle while impaired by alcohol, drugs, or both, resulting in serious injury.
  • Reckless Driving: Driving with willful or wanton disregard for the safety of others, leading to serious injury.


What Counts as “Serious Bodily Injury”?

Colorado defines serious bodily injury as any injury that:

  • Creates a substantial risk of death
  • Causes permanent disfigurement
  • Results in long-term impairment or loss of a bodily function
  • Includes severe injuries such as brain damage, broken bones, or spinal trauma


This definition is important because the severity of the injury is a critical factor in whether the charge qualifies as vehicular assault.


Penalties for Vehicular Assault in Colorado

The consequences of a conviction depend on the circumstances of the case.

  • Vehicular Assault While DUI (Class 4 Felony):
  • 2 to 6 years in prison
  • Fines from $2,000 to $500,000
  • 3 years of mandatory parole
  • Vehicular Assault Due to Reckless Driving (Class 5 Felony):
  • 1 to 3 years in prison
  • Fines from $1,000 to $100,000
  • 2 years of mandatory parole


Additional Consequences

Beyond prison and fines, a conviction can bring lasting challenges, including:


  • Driver’s License Suspension: Losing your license makes work and daily life difficult.
  • Permanent Criminal Record: A felony record can affect employment, housing, and professional opportunities.
  • Restitution: Courts often require convicted drivers to pay restitution for the victim’s medical bills, lost wages, and other damages.
  • Civil Liability: Victims may also sue in civil court, leading to additional financial burdens.


Defending Against Vehicular Assault Charges

Every case is unique, and the right defense strategy depends on the facts. At Alfrey & Associates, PC, we thoroughly investigate to identify weaknesses in the prosecution’s case. Common defenses may include:


  • Challenging the DUI evidence (such as breath or blood test results)
  • Questioning the definition of serious bodily injury
  • Investigating whether the accident was truly caused by reckless conduct
  • Exposing violations of your constitutional rights during the stop or arrest


With decades of combined experience, we know how to challenge the state’s case and fight for reduced charges, alternative sentencing, or even dismissal.


Take Action Immediately

Vehicular assault is a felony charge that can change the rest of your life. The sooner you act, the better your chances of protecting your freedom and your future.

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