Vehicular Assault in Colorado

Vehicular assault is one of Colorado’s most serious felony traffic offenses. It bridges DUI law and felony prosecution — combining evidence of impairment or reckless driving with allegations of serious bodily injury. These cases demand careful analysis of accident reconstruction, toxicology, and causation.

What Is Vehicular Assault in Colorado?

Under C.R.S. § 18-3-205, a person commits vehicular assault if they operate or drive a motor vehicle recklessly, or while under the influence or while their ability is impaired, and that conduct proximately causes serious bodily injury to another person.

Vehicular assault is a felony offense, and the classification depends on whether the alleged cause was recklessness, DUI, or DWAI.

Three Primary Types of Vehicular Assault

Vehicular Assault – DWAI (Driving While Ability Impaired) Under C.R.S. § 18-3-205(1)(b)(I.5), a person who drives when their ability is impaired by alcohol, one or more drugs, or a combination of both, and causes serious bodily injury, commits vehicular assault as a Class 5 felony. • Sentencing range: 1 – 3 years in DOC • Aggravated range: up to 6 years, followed by 2 years of mandatory parole • Fines: $1,000 – $100,000

Vehicular Assault – Reckless Driving Occurs when a driver operates a vehicle in a reckless manner that causes serious bodily injury to another person. • Class 5 felony • Sentencing range: 1 – 3 years in the Department of Corrections (DOC) • Aggravated range: up to 6 years, followed by 2 years of mandatory parole • Fines: $1,000 – $100,000

Vehicular Assault – DUI or DUID (Driving Under the Influence of Alcohol, Drugs, or Both) Occurs when a driver operates a vehicle while under the influence and causes serious bodily injury. • Class 4 felony • Sentencing range: 2 – 6 years in DOC • Aggravated range: up to 12 years, followed by 3 years of mandatory parole • Fines: $2,000 – $500,000

What Counts as “Serious Bodily Injury”?

Colorado defines serious bodily injury (SBI) as injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of any body part or organ.

Even injuries that eventually heal — such as fractures requiring surgery or hospitalization, or even bruising, — can qualify as SBI.

Blood Draws and Consent Issues

In felony vehicular-assault investigations, police may obtain non-consensual blood draws. Colorado courts, including People v. Myers and People v. Maclaren, have held that the implied-consent law does not restrict officers from seeking a warrant or performing a compelled blood draw when probable cause exists.

As a result, most vehicular-assault prosecutions involve forensic blood evidence that becomes central at trial.

Defending Vehicular Assault Charges

Effective defense strategies often focus on impairment, causation, and injury proof, including:

• Whether the alleged serious bodily injury meets the statutory definition
• Whether the recklessness, intoxication, or impairment actually caused the injury
• Accuracy and admissibility of blood or toxicology tests
• Accident-reconstruction evidence and witness statements
• Body-worn camera (BWC) or dashcam footage inconsistent with police reports

Penalties for Vehicular Assault in Colorado

In Colorado, vehicular assault can result in substantial prison time, fines, and parole, depending on the classification of the felony.

Additional consequences may include:

• License revocation through the Colorado DMV
• Restitution for victims
• Mandatory parole and possible community-corrections placement
• A permanent felony record, not eligible for sealing under current law

Key Takeaways

Vehicular-assault cases combine the technical complexity of DUI toxicology with the high stakes of felony prosecution. Every element — from probable-cause affidavits to crash-scene diagrams — deserves independent review. Early defense involvement can often clarify causation, limit exposure, and protect a client’s rights before charges are even filed.