Colorado Vehicular Assault Lawyer

A single moment behind the wheel — a missed stop sign, a few drinks too many, a phone glanced at for a second — can turn into a vehicular assault charge that carries real prison time in Colorado. Unlike ordinary traffic tickets, vehicular assault is a felony-level criminal charge prosecuted alongside, or instead of, a DUI case whenever a crash leaves someone with serious bodily injury.

At Mile High Legal, our vehicular assault attorneys defend drivers across the Denver metro area and statewide in Colorado. We understand both sides of these cases — how prosecutors build them and where the evidence is weakest — and we move quickly to protect your license, your record, and your future.

What Is Vehicular Assault Under Colorado Law

Vehicular assault, codified at C.R.S. § 18-3-205, applies when a person operates a motor vehicle and causes serious bodily injury to another person. Colorado prosecutes this charge two different ways, and which one applies changes the entire defense strategy:

• DUI-related vehicular assault — the driver was under the influence of alcohol or drugs (or had a BAC of 0.08 or higher) at the time of the crash. This version does not require proof of recklessness; impairment plus serious injury is enough.
• Reckless vehicular assault — the driver was not necessarily impaired, but operated the vehicle in a way that showed a conscious disregard for a known risk, such as extreme speeding, street racing, or blowing through a red light.

What Counts as Serious Bodily Injury

Colorado law defines serious bodily injury broadly — it can include injuries that create a substantial risk of death, cause permanent disfigurement, cause protracted loss of a body part or organ, or involve a broken bone. Prosecutors often lean on medical records and ER testimony to establish this element, which is frequently where a strong defense can push back.

Potential Penalties

DUI-related vehicular assault is generally charged as a class 4 felony, while reckless vehicular assault is typically a class 5 felony. Both carry the possibility of prison time, substantial fines, and mandatory alcohol or drug evaluation.

A conviction also triggers mandatory license revocation under C.R.S. § 42-2-125, which specifically lists vehicular assault (C.R.S. § 18-3-205) and vehicular homicide (C.R.S. § 18-3-106) as mandatory revocation offenses. The revocation period is not less than one year.

Critically, a DUI-related vehicular assault conviction also counts as a prior offense for purposes of Colorado’s felony DUI enhancement statute, C.R.S. § 42-4-1301. If a person with a prior DUI-related vehicular assault conviction is later convicted of DUI, DUI per se, or DWAI, that vehicular assault conviction counts toward the three qualifying priors that make a subsequent DUI a class 4 felony — meaning this charge can have serious consequences well beyond the current case.

Important Points From Colorado’s Model Jury Instructions

• The DUI-prong charge is a strict liability crime. Colorado’s model jury instructions confirm that vehicular assault under the influence (C.R.S. § 18-3-205(1)(b)(I)) is a strict liability offense — the prosecution does not have to prove any culpable mental state beyond the voluntary act of driving while under the influence, and self-defense is not available as a defense to this version of the charge. (COLJI-Crim G1:02, Comment 3.)
• “Operate” and “drive” are broader than people assume. Colorado courts have held that “drive” means exercising actual physical control over a vehicle — which can include a person asleep or passed out behind the wheel with the keys in the ignition — while “operate” is broader still, covering causing the vehicle to function by direct personal effort. (People v. Stewart, 55 P.3d 107, 115 (Colo. 2002); COLJI-Crim 3-1:13, Comment 3.) This distinction matters most in cases where someone was in or near a vehicle but not actively driving it.

Common Defenses to Vehicular Assault Charges

• Challenging the DUI evidence — attacking the traffic stop, field sobriety testing, or breath/blood test procedures that underlie a DUI-related charge.
• Disputing causation — showing that another driver, a road hazard, or a mechanical failure caused the crash, not your client’s driving.
• Contesting the injury classification — arguing the injury does not meet Colorado’s legal definition of serious bodily injury.
• Disputing recklessness — in non-DUI cases, arguing the driving did not rise to the conscious-disregard standard the statute requires.

Why Choose Mile High Legal

Grant Grosgebauer is a former felony prosecutor who built and evaluated cases just like this one from the other side of the courtroom. That insider perspective means we know exactly what evidence a prosecutor needs to make a vehicular assault charge stick — and where it often falls short.