When a person in Weld County is pulled over for Driving Under the Influence or DUI, they can also often face other criminal charges along with the DUI charge. If a driver is intoxicated and causes serious bodily injury to another, they could also be charged with Vehicular Assault. The best DUI lawyers at the O’Malley Law Office have over 30 years of experience handling DUI cases and can help you if you are also facing the serious charge of Vehicular Assault. Vehicular Assault involving a DUI has severe sentencing possibilities. Below, our attorneys discuss how your future can be affected if you are convicted of Driving Under the Influence or Vehicular Assault. If you are facing these charges in Fort Collins or Larimer County, get help here.
Definition in Colorado of “Driving Under the Influence,” C.R.S. 42-4-1301, for Greeley DUI Cases
The definition of Driving Under the Influence, C.R.S. 42-4-1301, in Greeley, Colorado is met when a person:
Drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs.
A driver’s Blood Alcohol Content / BAC determines if they can be charged with a DUI. If their BAC is 0.08 or higher, they will be charged with Driving Under the Influence. It is important to know that being under the influence of drugs, even prescription drugs, can have a driver facing a DUI charge.
Colorado Legal Definition of Vehicular Assault, C.R.S. 18-3-205
In Colorado, the legal definition of Vehicular Assault, C.R.S. 18-3-205, is:
(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault.
(b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime.
What is the Definition of “Serious Bodily Injury” In Greeley, Colorado?
Understanding the terms in a statute when you are faced with criminal charges is important. In a Vehicular Assault charge, the defendant’s action must cause “serious bodily injury,” which is defined as:
Serious bodily injury” means bodily injury that, either at the time of the actual injury or at a later time, involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree.
Punishment or Sentence for DUI and Vehicular Assault in Weld County
In Weld County, Vehicular Assault caused by a person driving under the influence is a class 4 felony, punishable by 2-6 years in a Colorado State Prison, a fine of $2,000 to $500,000, and 3 years of mandatory parole. Vehicular Assault not caused by DUI is a class 5 felony, with penalties of 1 to 3 years in prison, a fine of $1,000 to $100,000, and mandatory 2-year parole.
A first time DUI conviction without Vehicular Assault charges can include punishments of 5 days to 1 year in the Weld County Jail, a fine of $600 – $1,000, 48 to 96 hours of community service, 12 DMV points on your DMV driving record, and license revocation.
Why Hire a Top DUI and Vehicular Assault Attorney in Windsor, Severance, and Ault, Colorado?
The top attorneys at the O’Malley Law Office know that DUI and Vehicular Assault cases in Windsor, Severance, and Ault, Colorado are all different and need skilled eyes to study the case details. We work to get the best outcome in our cases and protect your future. A felony criminal charge can have lasting impacts on your freedom, job, and ability to have a firearm – let us help you!
Do you need a DUI or Vehicular Assault charge attorney in Greeley or Weld County? If so, contact our experienced criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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