Vehicular assault in Colorado is a felony punishable by one to six years in prison, with the exact exposure depending on whether prosecutors charge the reckless, driving-while-ability-impaired (DWAI), or driving-under-the-influence (DUI) version of the offense. Every conviction also carries mandatory parole, automatic license revocation, fines reaching into six figures, and court-ordered restitution to the injured person.
What Prosecutors Have to Prove
Under C.R.S. 18-3-205, the state must prove two things: that you drove a motor vehicle either recklessly or while impaired by alcohol or drugs, and that your driving directly caused serious bodily injury to another person.1Justia. Colorado Code 18-3-205 – Vehicular Assault Without both elements, there is no vehicular assault.
The injury threshold matters because the statute uses a specific legal definition. “Serious bodily injury” covers any injury involving a substantial risk of death, serious permanent disfigurement, extended loss or impairment of function in any body part, broken bones, fractures, penetrating wounds, or second- or third-degree burns.2Justia. Colorado Code 18-1-901 – Definitions A fractured arm from a crash qualifies. A concussion that disrupts function for months qualifies. Cuts, bruises, and whiplash generally do not, and in those cases prosecutors typically charge misdemeanor DUI or reckless driving instead.
The Three Ways the Charge Comes
Colorado law creates three separate routes to the same offense name, and the route determines everything about the penalty.
DUI-Based Vehicular Assault (Class 4 Felony)
If you were under the influence of alcohol, drugs, or a combination when the injury occurred, the charge is a class 4 felony — the most serious vehicular assault classification.1Justia. Colorado Code 18-3-205 – Vehicular Assault “Under the influence” means you consumed enough alcohol or drugs to be substantially incapable of safe driving, and a BAC at or above 0.08% establishes that impairment.3Colorado State Patrol. DUI – Don’t Underestimate Impairment
This version is a strict liability crime. The prosecutor does not have to prove you knew you were too impaired to drive. Proof that you were in fact under the influence and that your driving caused the injury is enough to convict.
Reckless Vehicular Assault (Class 5 Felony)
Driving recklessly and causing serious bodily injury is a class 5 felony.1Justia. Colorado Code 18-3-205 – Vehicular Assault Recklessness means consciously disregarding a substantial and unjustifiable risk, not simple carelessness. Weaving through traffic 30 miles over the limit or running a red light at a busy intersection is the kind of conduct that fits. The prosecution has to show you were aware of the danger and chose to drive anyway.
DWAI-Based Vehicular Assault (Class 5 Felony)
The impairment version covers drivers whose ability was diminished to even the slightest degree by alcohol or drugs. It is also a class 5 felony.1Justia. Colorado Code 18-3-205 – Vehicular Assault A BAC below 0.08% can still support this charge if field sobriety performance, witness testimony, or officer observations show you were less capable than normal behind the wheel.
Prison Time, Fines, and Parole
Colorado’s presumptive sentencing ranges set the hard numbers, and the felony class decides which range applies.
A class 4 felony carries two to six years in prison, fines of $2,000 to $500,000, and a mandatory three-year parole term after release. If the court treats the offense as an extraordinary risk crime, the maximum prison term rises to eight years.4Justia. Colorado Code 18-1.3-401 – Felonies Classified – Presumptive Penalties The parole period cannot be waived by the defendant or suspended by the court; it is built into every sentence.
A class 5 felony carries one to three years in prison and a mandatory two-year parole term, with the maximum rising to four years for extraordinary risk offenses.4Justia. Colorado Code 18-1.3-401 – Felonies Classified – Presumptive Penalties Even on the lighter end, a felony conviction stays on your record and brings collateral consequences: employment barriers, loss of certain professional licenses, and restrictions on firearm ownership.
License Revocation
A vehicular assault conviction triggers automatic driver’s license revocation for at least one year. The Department of Revenue must revoke the license as soon as it receives the conviction record.5Justia. Colorado Code 42-2-125 – Mandatory Revocation of License This revocation runs separately from any administrative suspension tied to a DUI arrest, so one does not shorten the other. Commercial drivers and those transporting hazardous materials face longer revocation periods.
Colorado’s express consent law requires any driver on state roads to submit to blood or breath testing when an officer has probable cause to suspect impaired driving, and the sample has to be taken within two hours of driving.6Justia. Colorado Code 42-4-1301.1 – Express Consent – Testing Refusal does not shield you from prosecution. It qualifies you as a “persistent drunk driver” under state law and can be used at trial as evidence of consciousness of guilt.
What Can Make Things Worse
Prior DUI and reckless driving convictions push sentencing toward the top of the range. Colorado’s habitual traffic offender rules impose steeper penalties on repeat offenders, and the specific facts of the crash — excessive speed, a school zone, fleeing from law enforcement — all weigh against the defendant at sentencing.
The “persistent drunk driver” designation under C.R.S. 42-1-102 brings its own layer of consequences. You earn the label through any one of several triggers: two or more prior alcohol-related driving convictions, driving on a license already suspended for an alcohol offense, a BAC of 0.15 or higher, or refusing chemical testing.7Justia. Colorado Code 42-1-102 – Definitions The designation requires mandatory alcohol treatment, extends license restrictions, and shapes plea negotiations.
How These Cases Get Defended
Every defense goes after one of two things: the driving conduct, or the causal link between that conduct and the injury.
In impairment cases, the BAC evidence is often the first target. Blood and breath testing is sensitive to collection procedures, storage, and lab protocols. A sample taken outside the two-hour window, or an uncalibrated testing device, can lead to results being excluded or discounted. Even a valid number can be challenged on the ground that it reflects the driver’s condition at the time of testing rather than at the time of the crash.
In recklessness cases, the question is whether the driving was truly reckless or merely negligent. Ordinary carelessness is not enough. A momentary glance at a GPS, bad weather, a mechanical failure, or an unexpected road hazard can all undercut the state’s theory that you consciously disregarded a substantial risk.
Causation is the other pressure point. The prosecution has to tie your conduct directly to the injury. If the other driver’s own behavior contributed to the crash, or if the injuries came from something other than the collision itself, the chain weakens. Constitutional challenges matter too: an unlawful stop or arrest can lead to suppression of the evidence that followed.
Restitution, Civil Suits, and Why Bankruptcy Won’t Save You
Colorado courts are required to order restitution to compensate the victim for economic losses. Under C.R.S. 18-1.3-603, that includes long-term medical expenses, insurance deductibles, replacement cost of damaged property, travel for court appearances, child care during proceedings, and lost wages tied to the case.8Justia. Colorado Code 18-1.3-603 – Assessment of Restitution – Corrective Orders The prosecutor presents the amount to the court before or within 91 days of conviction. Failing to pay can extend probation or lead to contempt.
Victims can also sue separately for pain and suffering, emotional distress, and other non-economic damages that restitution does not reach. Colorado uses a modified comparative negligence rule, so a plaintiff who is 50% or more at fault recovers nothing.9Justia. Colorado Code 13-21-111 – Negligence Cases – Comparative Negligence as Measure of Damages A criminal conviction makes the civil defense extremely difficult, because the underlying conduct has already been proven beyond a reasonable doubt.
Filing for bankruptcy will not clear these debts if impairment was involved. Federal law specifically excludes debts for death or personal injury caused by driving while intoxicated from discharge.10Office of the Law Revision Counsel. 11 US Code 523 – Exceptions to Discharge A civil judgment from a DUI-based vehicular assault case survives bankruptcy and remains collectible indefinitely. The financial side of a conviction can last the rest of your life.