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Showing 4-star reviews and above
  • 5.0/5.0

    10/10 recommend. Josiah went above and beyond for me. He worked his butt off and did the unthinkable within two months time. I was facing a prison sentence of 12-32 years. He managed to get the DA to agree to no jail and 3 years probation. ...
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    — Client

  • 5.0/5.0

    Mr. Cohen did a good job of setting expectations, and then exceeded them. My case was dismissed and I couldn't be happier with the quality of service. Mr. Cohen performed a very thorough investigation and kept me up to date on what was happ...
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    — Client

  • 5.0/5.0

    It was a pleasure working with Mr Cohen. Respectful, honest and knowledgeable, couldn’t of done better.

    — Client

  • 5.0/5.0

    Working with Valerie was great. She was very knowledgeable about the laws surrounding my case and extremely professional. She made the process manageable and was very trustworthy.

    — Client

  • 5.0/5.0

    We worked with Valerie Cole and she was exceptional. She has a unique way as an attorney of being thoughtful, and yet very direct and to the point. She doesn't swing up and down, always calm and professional. She sees the big picture and it...
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    — Client

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Driving under the influence of drugs or alcohol can result in serious legal consequences, and the prosecution can impose harsher penalties if another person was injured by the drunk driver. While vehicular assault is usually a class 5 felony in cases where a driver operated their car recklessly, the charges can be elevated to a class 4 felony if a DUI is involved.

Under Colorado law, vehicular assault is a strict liability crime, meaning that the prosecution does not need to prove intent to hold the negligent driver responsible for their actions. The only question that will be raised is whether serious bodily injuries were caused by the driver being under the influence of drugs or alcohol. These types of injuries can lead to fatality, permanent disfigurement or the impairment of a body part. Brain injuries, broken bones, fractures and third-degree burns are just a few examples of injuries that would be classified as “serious.”

Every DUI case that causes an injury is different. A court may consider your criminal background and any prior DUIs when determining the outcome of your case. The severity of the injuries sustained by the victim in the accident will also be considered. The penalties for vehicular assault in Colorado can include:

  • Two to six years in prison
  • A fine ranging between $2,000 and $500,000
  • Three years of mandatory parole

If aggravating circumstances exist, you can face up to 12 years in jail for vehicular assault. You may also be required to pay restitution to the victim for any losses they suffered, in addition to being subject to a subsequent civil lawsuit.

While being charged with a vehicular assault in connection with a DUI is a serious matter, a defense attorney may still be able to use certain strategies to fight the accusation against you. For example, they may be able to challenge the BAC results or find inconsistencies in witness accounts of the accident. If evidence was not collected in accordance with proper legal procedures, it may be possible to make a motion to suppress it.

At Polansky Law Firm, our criminal defense attorneys are committed to protecting your constitutional rights. Located in Boulder, we serve clients throughout Colorado. Call 303-415-2583 or contact us online to schedule a consultation and learn how we can help.