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  • 5.0/5.0

    I was referred to Polansky Law and couldn't have been happier with the legal services offered. Josiah was an excellent attorney to work with, always responsive and communicative and willing to step up for individual's defense. He had a thor...
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    — Client

  • 5.0/5.0

    I highly recommend Josiah Cohen to anyone looking for a criminal lawyer. He was attentive to my needs, explained how everything worked, and provided me with various options to consider. Throughout the process, he was always available to ans...
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    — Client

  • 5.0/5.0

    I am thrilled to write this 5-star review for Lisa Polanski, the incredible attorney who represented me during a challenging legal situation. From the moment I hired Lisa, her professionalism, dedication, and expertise were evident, and I a...
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    — Client

  • 5.0/5.0

    By far the best results I could have gotten! Josiah Cohen was there for me from the minute I spoke on the phone with him in reference to my legal issues. The day after I had first spoke with Mr. Cohen I called to ask a couple quick ques...
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    — Client

  • 5.0/5.0

    Josiah was eager to take my case and fight it with a passion. From our first conversation going over the issue to our conversation regarding dismissal of all charges, Josiah was communicative, responsive, and helpful in terms of explaining ...
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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.