Felony DUI & Vehicular Assault
Colorado Lawyers & Attorneys for Serious Felony Driving Crimes - Alcohol or Drugs
The Evans Firm provides experienced, trial tested strategies and defenses
to the most serious driving charges to produce extraordinary results and
award winning
client satisfaction.
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Phone: 303-578-8550 | Email: info@TheEvansFirm.com
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In August of 2015, Colorado made its DUI laws much tougher, and they just
did it again in
August of 2017.
Now, anyone convicted of felony DUI
must serve between 90 and 180 days in jail if they are granted probation for
their sentence. People sentenced to work release will have to serve between
120 days and 2 years in jail. This changes the prior ‘exhaustion
doctrine’ rule which required judges to weigh several factors and
find the most effective sentence for the individual to be treated, resisting
incarceration. The 'exhaustion doctrine' still exists - but is
now geared toward a prison sentence in the Department of Corrections.
While most
DUI related offenses are misdemeanors, things get more complicated when you
have 'aggravators' like: car accidents involving property damage
or personal injury, high B.A.C., or more than 3 prior convictions. These
can turn into
felony charges with
prison time. Industry-recognized attorney
Michael D. Evans has helped thousands of clients navigate these kinds of criminal charges
and avoid the maximum penalties.
Hire The Best to Defend You
Find out
why you should hire our firm, such as being ranked in the Top 100 Law Firms, an
A+ Rating with the BBB, a Top 10 Ranking in Client Satisfaction, the
AVVO Client's Choice Award, being featured in
nationally, having extensive jury trial experience, and many others.
We are ready to launch a robust defense strategy on your behalf, ensure
that your voice is heard, and pursue every viable option avenue towards
a dismissal or acquittal. When it counts, then there's only one choice.
A person who drives a motor vehicle or vehicle under the influence of alcohol
or one or more drugs, or a combination of both alcohol and one or more
drugs, commits
driving under the influence. Driving under the influence is a misdemeanor, but it is a class 4 felony
if the violation occurred after
three or more prior convictions, arising out of separate and distinct criminal episodes,
for DUI, DUI per se, or DWAI; vehicular homicide, as described in
section 18-3-106 (1) (b), C.R.S.; vehicular assault, as described in
section 18-3-205 (1) (b), C.R.S.; or any combination thereof.
A person who drives a motor vehicle or vehicle while impaired by alcohol
or by one or more drugs, or by a combination of alcohol and one or more
drugs, commits driving while ability impaired. Driving while ability impaired
is a misdemeanor, but it is a class 4 felony if the violation occurred
after three or more prior convictions, arising out of separate and distinct
criminal episodes, for DUI, DUI per se, or DWAI; vehicular homicide, as
described in
section 18-3-106 (1) (b), C.R.S.; vehicular assault, as described in
section 18-3-205 (1) (b), C.R.S.; or any combination thereof.
For the purposes of this section, a person is deemed to have a prior conviction
for DUI, DUI per se, or DWAI; vehicular homicide, as described in
section 18-3-106 (1) (b), C.R.S.; or vehicular assault, as described in
section 18-3-205 (1) (b), C.R.S., if the person has been convicted under the laws of this state or under
the laws of any other state, the United States, or any territory subject
to the jurisdiction of the United States, of an act that, if committed
within this state, would constitute any of these offenses. The prosecution
shall set forth such prior convictions in the indictment or information.
If a defendant is convicted of a class 4 felony pursuant to this section,
the court shall sentence the person in accordance with the provisions of
section 18-1.3-401, C.R.S. (A presumptive range of 2 - 6 years prison). As of August 2017, there
is now a mandatory minimum of 90 days to 180 days jail for all felony
DUI offenses.
Notwithstanding the provisions of subparagraph (I) of this paragraph (k),
before the imposition of any sentence to the department of corrections
for a felony DUI, DUI per se, or DWAI offense, at sentencing or at re
sentencing after a revocation of probation or a community corrections
sentence, the court shall consider all the factors described in sub-subparagraph
(B) of this subparagraph (II).
If the court sentences the defendant to the department of corrections for a felony
DUI, DUI per se, or DWAI offense, it must determine that incarceration is the most suitable option
given the facts and circumstances of the case, including the defendant's
willingness to participate in treatment. Additionally, the court shall
consider whether all other reasonable and appropriate sanctions and responses
to the violation that are available to the court have been exhausted,
do not appear likely to be successful if tried, or present an unacceptable
risk to public safety.
If a person operates or drives a motor vehicle in a reckless manner, and
this conduct is the proximate cause of serious bodily injury to another,
such person commits
vehicular assault.
If a person operates or drives a motor vehicle while under the influence
of alcohol or one or more drugs, or a combination of both alcohol and
one or more drugs, and this conduct is the proximate cause of a serious
bodily injury to another, such person commits vehicular assault. This
is a strict liability crime.
Vehicular assault, in violation of paragraph (a) of this subsection (1),
is a class 5 felony. Vehicular assault, in violation of paragraph (b)
of this subsection (1), is a class 4
felony.
If there was at such time 0.05 or less grams of alcohol per one hundred
milliliters of blood, or if there was at such time 0.05 or less grams
of alcohol per two hundred ten liters of breath, it shall be
presumed that the defendant was not under the influence of alcohol.
If there was at such time in excess of 0.05 but less than 0.08 grams of
alcohol per one hundred milliliters of blood, or if there was at such
time in excess of 0.05 but less than 0.08 grams of alcohol per two hundred
ten liters of breath, such fact may be considered with other competent
evidence in determining whether or not the defendant was under the influence
of alcohol.
If there was at such time 0.08 or more grams of alcohol per one hundred
milliliters of blood, or if there was at such time 0.08 or more grams
of alcohol per two hundred ten liters of breath, such fact gives rise
to the permissible inference that the defendant was under the influence
of alcohol.
If at such time the driver's blood contained five nanograms or more
of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown
by analysis of the defendant's blood, such fact gives rise to a permissible
inference that the defendant was under the influence of one or more drugs.
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