Unfortunately, car accidents are still a fact of life in Colorado. A resident of Fort Collins who gets involved in an accident will likely experience feelings of fear and nervousness, especially if it looks like the accident was due to his own careless driving or a mistake.
The experience can be especially scary if the accident happens after a person had a couple of drinks. In addition to any emotional turmoil, if the accident ends with someone getting hurt, a driver may face a vehicular assault charge under Colorado law.
Under state law, if a person is under the influence of alcohol or drugs, and causes a significant injury accident as a result, then he can face an immediate felony charge, even if it is his first offense. And, there are a couple of important points that make Colorado’s law particularly daunting.
For one, it is no defense for a driver to say she had a valid prescription or otherwise had a right to legally use the drugs involved. In other words, a person can face a vehicular assault charge even after ingesting her own medication.
When it comes to alcohol, it is also important to remember that a person need not be over the 0.08 legal limit in order to get charged with vehicular assault. If a person blows over 0.05 BAC, which is, for some, the equivalent of just a couple of drinks, it is possible to face this serious felony charge, even without getting charged with DUI.