Vehicular assault in Colorado

What the charge means

Colorado's vehicular assault statute, C.R.S. 18-3-205, describes one crime with three versions: reckless driving, driving under the influence, and driving while ability impaired.

• Reckless vehicular assault. Prosecutors must prove you drove a motor vehicle in a reckless manner, meaning you consciously disregarded a substantial and unjustifiable risk, and that your driving was the proximate cause of serious bodily injury to another person. Proximate cause means your driving actually led to the injury in a natural and probable way.
• Impaired driving vehicular assault. Prosecutors must prove you drove while under the influence of alcohol, drugs, or both, or while your ability was impaired by them, and that this conduct was the proximate cause of serious bodily injury. These versions are strict liability crimes. The prosecution does not have to prove bad driving at all, only impairment plus causation.

Serious bodily injury is a defined term. It covers injuries that involve a substantial risk of death, serious permanent disfigurement, or long term loss or impairment of a body part or organ, and it also includes broken bones and second or third degree burns.

Common scenarios include a crash after drinking where a passenger or another driver breaks a bone, a high speed loss of control that injures someone, or a collision involving marijuana or prescription medication. An injured passenger in your own car counts as a victim.

Classification and sentencing

The three versions carry different felony classes under Colorado's felony sentencing statute, C.R.S. 18-1.3-401.

• Reckless vehicular assault is a class 5 felony. If the court sends someone to prison, the presumptive range is 1 to 3 years, followed by 2 years of mandatory parole. The fine range is $1,000 to $100,000.
• DWAI based vehicular assault is also a class 5 felony. Since March 1, 2022, driving while ability impaired that causes serious bodily injury is charged under its own subsection, with the same class 5 ranges: 1 to 3 years if prison is imposed, 2 years of mandatory parole, and a fine of $1,000 to $100,000.
• DUI based vehicular assault is a class 4 felony. If the court imposes prison, the presumptive range is 2 to 6 years, followed by 3 years of mandatory parole. The fine range is $2,000 to $500,000.

Those ranges describe what applies only if the court orders prison. Colorado law does not require prison for vehicular assault in every case. Probation, community corrections, or jail as a condition of probation are all legally possible outcomes, and courts can also move outside the presumptive range when they find aggravating or mitigating circumstances.

A conviction also brings a driver's license revocation through the DMV, and DUI based cases usually include separate impaired driving charges filed alongside the felony.

What else it touches

A felony conviction reaches beyond the sentence itself.

• Firearms. A felony conviction bars gun possession under both Colorado and federal law.
• Immigration. For anyone who is not a U.S. citizen, a felony involving injury and impaired driving needs careful review before any plea. It can affect status and admissibility.
• Driver's license. The DMV acts separately from the criminal court, and a conviction triggers revocation and points.
• Record sealing. Dismissed or acquitted charges can generally be sealed. Sealing a felony conviction involves waiting periods and technical eligibility rules, and impaired driving convictions face added limits.

We defend vehicular assault cases across Colorado, and a consultation about the specific facts is the right place to get real answers.