O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351


Vehicular Homicide Lawyer in Denver - DUI + the Death of Another

Vehicular-Homicide-Lawyer.jpgAdams County, Colorado Vehicular Homicide Lawyer

Driving a car, truck, or motorcycle in a reckless manner, when it results in the death of another, is Vehicular Homicide in Adams County. Another variation of this crime would be driving a motorcycle, car or truck when you are under the influence of alcohol or drugs, and another person dies. The person can be in your car, another car, or not in a car at all. The key is that a person dies and it is the result of your conduct, while under the influence. Here is the definition of Vehicular Homicide.

Proving Vehicular Homicide in Jefferson County, Colorado - DUI + Driving

Vehicular Homicide is closely related to Driving Under the Influence. Once a Jefferson County, Colorado prosecutor proves DUI to a jury, it is a short trip to Vehicular Homicide. All they need to add is that someone died and it was related to your driving. When the DUI / alcohol or drugs combination is present, it is a class 3 felony, with a lengthy prison sentence in the Jefferson County Jail possible.

Defenses to Vehicular Homicide Charges - a Douglas and Arapahoe County Attorney Explains

There are several defenses to Vehicular Homicide charges in Douglas County and Arapahoe County. Generally, the key defense would be that the accused was not driving under the influence. It is possible, and lawful, to drink and drive. You just can't drink to excess or it will be DUI. So, we would argue that our client did not have enough alcohol or drugs in their system to qualify for DUI. Another defense in many cases is that a person died, but our client was not the proximate cause of the death. We have seen the argument that the other driver's conduct caused the accident and death of another - even when our client was drunk. Finally, you could also argue that although someone dies as a result of our client's fault, our client was not driving recklessly. Imagine the person who did not see a motorcycle and turned in front of the motorcycle, killing the driver. The car driver is at fault - but was not necessarily driving recklessly. It might be more appropriate to suggest a Castle Rock or Parker Careless Driving resulting in death charge, which does not have such a serious penalty possible.

Vehicular Assault Charge in Denver - If No One Dies

When you have a charge involving alcohol use or reckless driving and serious bodily injury to another, but there is no death, it is likely Denver district attorneys will charge you with Vehicular Assault.  Vehicular Assault is located at C.R.S. 18-3-205, and is a class 5 felony for just reckless driving and a class 4 felony if alcohol is involved.  You can still go to the Colorado Department of Corrections for your prison sentence, but it will likely be for less time than if someone died. What is the Definition of Vehicular Assault?

Our criminal defense attorneys fight hard to protect you and your future. We care about your family and want to see you stay out of prison. Never give a statement to police. Call us 24/7 at 303-731-0719 today. Together, we can protect your future.

Image Credit: Pixabay - PublicDomainPictures

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.