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If you cause an accident while driving under the influence of drugs or alcohol, you face not only a Driving While Intoxicated (DWI) charge, but also other serious criminal charges that could be punishable by lengthy incarceration and driver’s license revocation.
The exact charges resulting from a DWI accident will depend on whether anyone was injured or killed, and if so, the severity of the injuries. Other circumstances surrounding the offense may also affect sentencing and penalties.
Below, we cover the criminal charges that can arise from a DWI accident, the circumstances under which the charges are pressed, and the criminal penalties you could face if convicted. Colorado is one of the strictest states for DWI traffic violations, so you can expect severe sentencing.
Even if the accident did not cause any bodily injury, you will likely still be charged with reckless driving in addition to your DWI. This is a Class 2 misdemeanor traffic offense punishable by up to three months in jail and a fine of up to $300.
Most Denver DWI accidents result in an additional charge for careless driving, which is described as:
Sentencing and penalties for Careless driving are as follows:
A DWI accident resulting in an injury may result in a Third Degree Assault charge so long as the injury is not deemed “serious.”
Sentencing and penalties for a Third-Degree Assault conviction are as follows:
Vehicular assault is defined as follows:
Sentencing and penalties for vehicular assault are as follows:
Vehicular assault is charged only when someone is seriously injured by a drunk driver. Therefore, this charge is harshly prosecuted, and if convicted, you can expect for your sentence to be on the high end of these ranges.
You will be charged with vehicular homicide if you:
Vehicular homicide for driving while impaired in Colorado is punishable by the following:
Like murder, vehicular homicide is one of the most aggressively prosecuted Colorado criminal offenses. When someone allegedly dies due to the actions of another, people want to see justice served, which places prosecutors under increased pressure.
This means that the investigation will be thorough, and they will strive to make the evidence against you very strong. Prosecutors are also more likely to seek the maximum possible sentence.
Depending on the specifics of the incident you are being accused of, a DWI accident is a serious offense that could potentially land you decades of jail time and a criminal record that will come back to haunt you. Fighting back against these charges is your best chance at avoiding harsh criminal penalties and protecting your future.
About the Author:
Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Mr. Martinez has been designated a Top 100 Trial Lawyer by the National Trial Lawyers and has been awarded both the Avvo Client’s Choice Award and Avvo Top Attorney designation, evidencing his reputation for his exemplary criminal and DUI defense work and high moral standards.
Jury Trial - Not Guilty
Jury Trial - Not Guilty
Arapahoe 1st Degree Assault/Vehicular Assault
Jury Trial - Not Guilty
Denver Domestic Violence Assault Case
Jury Trial - Not Guilty
Denver D.V. Assault
Jury Trial - Not Guilty
Denver Careless Driving Resulting in Death
Jury Trial - Not Guilty
Jefferson County Felony Menacing
Jury Trial - Not Guilty
Adams County DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Jefferson Vehicular Assault/DUI
Jury Trial - Not Guilty
Jefferson County DUI
Jury Trial - Not Guilty
Boulder County DUI case
Jury Trial - Not Guilty
Arapahoe County DUI case
Jury Trial - Not Guilty
Adams County DUI case
Jury Trial - Not Guilty
Douglas County DUI case
Jury Trial - Not Guilty
Gilpin County DUI case
Dismissed
Broomfield County Probation Revocation case
Dismissal
Arapahoe County DUI case
Deferred Judgment
Arapahoe County DUI case
Deferred Judgment
Douglas County DUI case
Deferred Judgment
Larimer County DUI case
Deferred Judgment
Arapahoe County DUI Case
Deferred Judgment
Denver Felony Burglary Case
Deferred Judgment
Arapahoe County DUI case
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Arapahoe County Protection Order Case
Dismissed
Golden Destruction of Property case
Dismissed
Jefferson County Protection Order case
Dismissed
Jefferson County Domestic Violence case
Dismissed and Sealed
Jefferson County DUI case
Dismissed
Denver Major Traffic Offense case
Dismissed and Sealed
Broomfield County Domestic Violence case
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Summit County DUI Revocation
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Denver DUI Revocation
Dismissed
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Denver DUI +.2 Involving Accident and Injury case
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Denver DUI/Habitual Traffic Offender case
DISMISSAL
Denver District Aggravated Theft
Dismissed
Greenwood Village Assault case
Dismissal
Elbert County DUI
Dismissed
Arapahoe County Domestic Violence case
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Jefferson County DUI
Dismissal
Denver Municipal Assault
Dismissed
Boulder County Domestic Violence Assault case
Dismissed
Wheat Ridge Assault case
Dismissed
Jefferson County DUI case, with 2+ Prior Convictions
Dismissed
Arapahoe County Domestic Violence case
Dismissed
Broomfield County Domestic Violence case
Dismissed with No Charges Filed
Jefferson County Felony Theft case
Dismissed
Arapahoe County Felony Theft case
Dismissed
Boulder County Felony Theft case