A DUI With Injury Defense in Denver, CO
The Consequences of Causing Injury in a DUI Accident
A DUI conviction in Colorado is very serious. If you are additionally involved in an accident that causes injuries to another, you are facing even more strict penalties. To be arrested for DUI in Colorado, your blood alcohol content (BAC) must be .08% or more. You could also be arrested for DWAI, driving while ability impaired. This means your blood alcohol content was between .05% and .08%. But if either of these charges also involved any injuries, your penalties will be much harsher.
In fact, if there were injuries involved in an accident where you were found to be under the influence of drugs or alcohol, you could be facing charges of vehicular assault, which is a Class 4 felony offense. This could take place even if you were not actually the person who caused the accident – it has happened many times. Law enforcement makes the assumption that a driver with a BAC level must have been at fault. An independent accident investigator could be called upon to provide expert evidence to support your defense.
If you are convicted, you will be facing time spent in prison, fines, loss of your driver's license, and restitution. You could lose your job, or be denied future employment opportunities. You should immediately consult a DUI defense attorney in Denver if you have been arrested for DUI with injuries. Your future is at stake, and you will need skillful representation to help you.
Why You Need A DUI Defense Attorney in Cases With Injury
Prosecutors are very aggressive in DUI cases that resulted in injury. They do not have to prove that you intended to cause harm to the other person, as long as they can demonstrate that you were under the influence of drugs or alcohol when the accident happened, then prosecution could potentially convict you of vehicular assault. This is another reason why you need a knowledgeable DUI lawyer who knows how to challenge various aspects of the evidence presented.
A thorough investigation will need to be initiated as soon as possible. This would include, but is not limited to, investigating the accident scene itself and interviewing any witnesses. If there were any field sobriety tests administered, the testing procedures and application would be investigated closely. Any blood / breath tests, as well as how they were administered and by whom, would be scrutinized. Every detail involved in an arrest is subject to careful enquiry, and errors or mistakes can result in charges being reduced and in some cases, even being dismissed.
What are the penalties for DUI with injury?
Penalties for a DUI conviction with injury could leave you open to penalties that include:
- Mandatory prison sentence of 1 to 12 years
- Mandatory parole of 3 years
- Revocation of driver's license for a minimum of 12 months - No special driving privileges
- Fines up to $500,000
- Restitution - payment to the victim who was injured
- The victim could also potentially sue you in civil court for his injuries
There is a great deal at stake when you are arrested for DUI, particularly when there are injuries involved. You do not want to face these charges without being represented by a highly trained and proven Denver DUI defense lawyer. There are many avenues that can be pursued by the defense, and at the Law Office of Christopher H. Cessna, you will find an uncommon level of skill and experience. We not only know how to investigate cases, but we also know how to best challenge evidence.
To get more information about how we can help, contact us for a free consultation today!