If you’re facing charges under C.R.S. § 18-3-205, the state is alleging that you seriously injured someone while impaired — and that turns a DUI into a felony vehicular assault case.
It’s a violent felony under Colorado law, punishable by prison time, a permanent felony record, and a case that prosecutors will aggressively pursue. The decisions you make now will determine what the rest of your life looks like.
At Flatiron Legal Advisors, we defend clients across Colorado who are facing DUI with injury charges — and we’ve seen firsthand what works, what doesn’t, and how to build a defense that holds up under pressure.
What the Law Says — and What It Really Means
Under C.R.S. § 18-3-205, a person commits vehicular assault if they operate a motor vehicle:
- Recklessly, or
- While under the influence of alcohol or drugs (or both),
…and their driving causes serious bodily injury to another person.
This breaks down into two key categories:
- Vehicular Assault by Recklessness → Class 5 felony
- Vehicular Assault by DUI/DWAI → Class 4 felony
If prosecutors can tie the injury directly to your driving while impaired, that’s enough to file felony charges. Intent doesn’t matter. It’s a strict liability offense.
The statute applies to any situation involving a crash and an allegation of impairment — even if the injuries were minor, even if you weren’t the one at fault, even if you don’t think you were impaired.
What Counts as “Serious Bodily Injury”
The legal standard is broader than most people expect. Under Colorado law, “serious bodily injury” includes:
- Broken bones
- Internal bleeding
- Concussions or loss of consciousness
- Injuries that cause long-term impairment or risk of death
- Any injury requiring hospitalization
It doesn’t take much. A fractured wrist from a low-speed impact? That could be enough. And once the hospital puts it in writing, the charge sticks unless it’s challenged head-on.
Penalties for DUI With Injury
Vehicular assault by DUI is a Class 4 felony. The potential consequences include:
- 2 to 6 years in state prison (presumptive range)
- 3 years of mandatory parole
- Up to $500,000 in fines
- Revocation of your driver’s license
- Designation as a habitual traffic offender, depending on your record
Vehicular assault by reckless driving is a Class 5 felony, punishable by:
- 1 to 3 years in prison
- 2 years of mandatory parole
- Fines up to $100,000
In either case, you’re dealing with a felony conviction — and with it, lifelong consequences that can follow you through employment, housing, professional licensing, firearm rights, and immigration status.
How Prosecutors Build These Cases
In DUI with injury cases, prosecutors don’t need to prove intent. They don’t need to show you were speeding or driving aggressively. They only need to check three boxes:
- You were driving or in actual physical control of a vehicle
- You were under the influence or impaired by alcohol or drugs
- That impaired driving caused someone else’s serious injury
They’ll use:
- Body cam and dash cam footage
- Accident reconstruction experts
- Medical records from the injured party
- Blood or breath test results
- Field sobriety test observations
- Any admission or statements you made during the stop
This is not the kind of case where you “explain your side” and it goes away. These charges are filed quickly and prosecuted aggressively.
Defense Strategies That Actually Work
Every case is different, but there are strategic angles that can lead to reduced charges, alternative sentencing, or full dismissal.
1. Challenging Impairment
Was the blood test conducted properly? Was the delay between driving and the test long enough to cause rising BAC? Was there an alternative explanation for your behavior or driving pattern? What other substances were in your system, and do they correlate with impairment?
We’ve seen prosecutors build entire cases around shaky field sobriety tests and inconsistent toxicology results. Those cases can be broken.
2. Disputing Causation
Did your driving cause the crash — or was the injured person partially or entirely at fault? In cases involving multiple vehicles or poor road conditions, the causal link between your driving and the injury can be disputed.
3. Reframing the Injury
Not all injuries rise to the level of “serious bodily injury.” A key part of our defense often includes medical record review and, if necessary, independent evaluation. We’ve seen more than one case overcharged based on emergency room exaggeration or vague documentation.
4. Procedural and Constitutional Violations
If law enforcement violated your rights at any point — including improper stop, lack of probable cause, forced blood draw without proper procedures — we fight to suppress the evidence.
Why Timing Matters
In DUI injury cases, everything moves fast — sometimes before the evidence is even finalized. The DA often files charges based on partial reports, which gives us a window of opportunity to:
- Challenge preliminary findings
- File suppression motions early
- Negotiate lesser charges before the case hardens
- Present mitigating factors (like lack of priors, low BAC, minor injury) at the charging stage
But once the case is set for trial, that window narrows.
You Don’t Have Room for Error
There are no second chances with a felony DUI injury charge. If you’re convicted, there’s no deferred sentence. No record sealing. No clean slate.
We’ve worked with clients who were pulled over thinking it was a minor DUI, only to find out they were facing years in prison because a passenger hit their head or the other driver claimed whiplash.
This charge is weaponized — and if you don’t respond immediately and strategically, you’ll get steamrolled.
What to Do Right Now
If you’ve been arrested or contacted by law enforcement in connection with a DUI-related crash involving injury:
- Do not make any statements.
- Do not assume it’s “just a misdemeanor.”
- Do not wait for formal charges.
Instead, call us. Immediately. The sooner we’re involved, the more control we have over how this plays out.
Flatiron Legal Advisors Can Help
We represent clients charged with vehicular assault across Colorado. Whether it’s your first DUI or you’re facing repeat charges with serious allegations, we’re prepared to:
- Investigate the crash independently
- Challenge toxicology reports
- Dispute injury classifications
- Protect your record and your future
This isn’t about damage control. It’s about building a real defense from day one.
Contact us today for a confidential consultation. We’ll tell you what’s at stake — and what it takes to fight it.
