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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.
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...
Hillary C. Aizenman is an awesome attorney. She always returned my calls and emails quickly. Her wages were clear from the beginning and she is very honest and has integrity. She got good results for me!
I need an attorney really bad, so I called Polansky Law Firm not only did I win my case. But she explained the court procedure to me step-by-step I am so happy I picked this Law Firm. Thank you Cayce
Lisa Polansky is a terrific criminal defense attorney who brings great knowledge and experience to the job as a result of handling countless, difficult cases, both in California and in Colorado. As a Colorado lawyer, I know that Lisa is hi...
- posted: Feb. 15, 2022
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.