Grand Junction DUI With Injury Lawyers
Being charged with driving under the influence is always dangerous, but when the prosecuting attorney believes you are guilty of a DUI with injuries, the threat to your freedom is exceptionally high. Under Colorado law, the penalties imposed can include license suspension, fines, and incarceration, as well as the long-term consequences of having a felony on your record.
If you or someone you love was arrested for a DUI with injury, then you need strong legal representation immediately. At Peters & Nolan, LLC, our founding attorneys have resolved thousands of DUIs and understand the complexities of felony cases. Our Grand Junction DUI with injury attorneys can investigate the nature of your arrest, build a defense strategy, and fight for your future. Call us today at (970) 243-4357 to get a free case evaluation.
A DUI with injury is termed “vehicular assault” in the state of Colorado. Under Colorado Revised Statutes 18-3-205, this applies to any situation where a driver, while intoxicated, caused injury to another person, including another driver, pedestrian, or bicyclist. If you are arrested for vehicular assault, you can face the full consequences of a felony conviction, as vehicular assault is a class 4 felony.
In addition, if you have a previous conviction for DUI or DWAI, you are in a very risky legal position, and the prosecutor may seek harsh penalties. If you are accused of vehicular assault, you have the right to an attorney and the right to remain silent, and you should exercise your rights and remain silent until your criminal defense lawyer is present for any interview.
To be arrested and charged with a DUI with injury, the prosecutor must demonstrate that:
- You operated a vehicle while impaired by drugs or alcohol; and
- You caused an accident that led to a serious injury to another person.
The prosecution does not need to prove that you acted negligently or drove recklessly, just that you caused the accident due to intoxication.
After an accident in which drug or alcohol intoxication is suspected, the police will take a blood alcohol concentration reading through a field sobriety test, breathalyzer test, or chemical test. “Drug intoxication” is not limited to recreational drugs but can include legally prescribed medications known to impair driving, such as over-the-counter medicines or prescription drugs. These test results, along with the police’s accident investigation, are typically the primary evidence used to convict a defendant in a case of vehicular assault.
It is important to remember there are two parts to each DUI: administrative punishments and criminal penalties. Anytime a driver is arrested on suspicion of driving under the influence, the DMV can automatically suspend his driver’s license unless he appears in a DMV hearing to fight his case. He can also face criminal consequences if he is convicted. In both situations, you need strong legal representation.
If you are convicted of vehicular assault, a Grand Junction court may punish you with:
- Between two and four years in prison;
- Up to $500,000 in fines;
- A minimum of three years on parole;
- Restitution to the victim(s); and/or
- A one-year license revocation.
You will also have to live with a felony conviction on your criminal record and could face the loss of your professional licensing. If you are facing a DUI with injury, you absolutely need an experienced DUI lawyer to craft a defense that can reduce the damage to your reputation, future employment, and freedom.
While you may have been charged with the crime of vehicular assault, that does not mean you must accept your fate. Your defense attorney is arguably the most critical factor in the outcome of your case. A skilled attorney will engage in several actions early on. The defense crafted for your case may be built around evidence that could establish:
- You were not drunk or drugged to intoxication.
- You were not the driver of the vehicle that caused the accident.
- The other party was responsible for causing the collision.
- The testing procedures were flawed and cannot be trusted as being accurate.
- Bad weather conditions caused the accident, not alcohol or drug intoxication.
- Poor road conditions or lack of road maintenance contributed to the collision.
As the premier DUI defense firm in the Grand Junction region, we are proud to have gained a reputation for excellence in defending misdemeanor and felony DUI cases. Our legal team at Peters & Nolan, LLC, has taken on some of the most difficult felony DUI cases and prevailed. We have extensive knowledge of DUI testing, how it goes wrong, and how the systems used by law enforcement can produce faulty results. Call us today at (970) 243-4357 to discuss your case with a Grand Junction criminal defense attorney.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.