Vehicular Assault in Colorado – What You Need to Know
If you’ve been charged with Vehicular Assault in Colorado, you’re facing a serious felony offense with potentially life-changing consequences. At Tiftickjian Law Firm, P.C., we understand the fear, stress, and urgency that come with these allegations. Our team, led by award-winning DUI attorney Jay Tiftickjian, provides skilled and compassionate defense to individuals charged with Vehicular Assault due to DUI, DWAI, or reckless driving.
What Is Vehicular Assault Under Colorado Law?
Vehicular Assault is defined in Colorado Revised Statutes § 18-3-205. A person commits this felony offense by operating a motor vehicle under the influence of alcohol, drugs, or both, or by driving recklessly, and causing serious bodily injury to another person.
Even if this is your first DUI-related offense, a Vehicular Assault charge is a felony—unlike misdemeanor-level first, second, or third DUI charges. Prosecutors often seek a prison sentence in these cases, especially when injuries are significant or when the incident receives media coverage.
Driving under the influence of alcohol and/or drugs, causing serious bodily injury to another person.
Class 4 Felony
2–6 years in prison
Up to 12 years if aggravated
Vehicular Assault – DWAI
18-3-205(1.5), C.R.S.
Driving while ability impaired (DWAI) to the slightest degree, resulting in serious bodily injury.
Class 5 Felony
1–3 years in prison
Up to 6 years if aggravated
Vehicular Assault – Reckless Driving
18-3-205(1)(a), C.R.S.
Reckless operation of a vehicle that proximately causes serious bodily injury to another person.
Class 5 Felony
1–3 years in prison
Up to 6 years if aggravated
What Qualifies as “Serious Bodily Injury” in Colorado?
Under Colorado law, serious bodily injury (C.R.S. § 18-1-901(3)(p)) includes harm that:
Poses a substantial risk of death
Causes permanent disfigurement
Results in long-term loss or impairment of a body part or function
Includes second- or third-degree burns, broken bones, or similar trauma
This legal definition plays a key role in determining whether a charge of Vehicular Assault is appropriate—and it’s an area that an experienced defense attorney may challenge.
DUI-Related Blood Tests and Forced Blood Draws
Unlike a standard DUI case, a Vehicular Assault investigation allows police to use more forceful measures. If law enforcement has probable cause to believe a driver caused serious injury while under the influence, they may physically restrain the driver to obtain a blood sample, even without consent.
Here is the relevant language from C.R.S. § 42-4-1301.1(4):
If a law enforcement officer has probable cause to believe that a person has committed vehicular homicide pursuant to section 18-3-106(1)(b)(I), C.R.S., or vehicular assault pursuant to section 18-3-205(1)(b)(I), C.R.S., the person shall be required to submit to a blood test. If the person refuses, the officer may require the test through the use of reasonable force or may apply for a search warrant.
This means your rights are more limited in these situations. An officer is not required to offer a breath or blood test voluntarily if they suspect felony-level DUI with injury. This area of Colorado’s Express Consent law is highly technical,
Colorado DUI Vehicular Assault accidents
and demand experienced legal scrutiny.
Challenges in Plea Negotiations and Victim’s Rights
Vehicular Assault is classified as a “victim’s rights crime” in Colorado (C.R.S. § 24‑4.1‑302.5). This means the prosecutor must notify the alleged victim of any proposed plea deals or sentencing agreements. The victim also has the right to be informed of case developments, to be present at critical proceedings, and to be heard during plea and sentencing stages.
As a result, reaching a favorable plea agreement in these cases can be complicated. The alleged victim or their family may feel deep emotional trauma and anger, especially when injuries are severe. Prosecutors often weigh that input heavily when evaluating resolution options.
Why Immediate Action Is Critical
In most Vehicular Assault cases, key evidence is collected at the crash scene—including accident reconstruction data, witness statements, dash cam or surveillance footage, and toxicology samples. The sooner your defense attorney begins investigating, the better your chances of preserving helpful evidence and controlling the narrative. We strongly encourage defense attorneys visits the accident scene, interviews witnesses, and engages with the prosecutor before media coverage or the victim’s family influences the case.
Experience Matters in Vehicular Assault Defense
At Tiftickjian Law Firm, we take Vehicular Assault charges seriously. Our attorneys have decades of experience representing individuals accused of DUI-related crashes and felony-level offenses. Jay Tiftickjian is recognized as one of Colorado’s top DUI defense attorneys. He has successfully defended clients in vehicular assault, vehicular homicide, and felony DUI cases throughout the state. He’s been voted Best DUI Lawyer in Colorado, featured on the cover of Super Lawyers Magazine, and has trained other attorneys on complex DUI defense techniques.
If you’re facing a Vehicular Assault charge in Colorado, don’t wait. At Tiftickjian Law Firm, we are prepared to fight for your rights, challenge the prosecution’s evidence, and guide you through every stage of the legal process.
