A car accident can turn a routine traffic stop into a life-altering criminal case, especially if law enforcement suspects you were driving under the influence! In Colorado, DUI/DWAI/DUID charges following a collision carry stiffer penalties, increased scrutiny, and additional offenses such as vehicular assault or vehicular homicide when serious injury or death is involved. At Bruno Lilly LeClere, PLLC, our attorneys defend individuals facing DUI allegations after an accident, guiding you through every step of the process and fighting to protect your rights.
How Does Colorado Law Treat DUI Accidents?
Under Colorado Revised Statutes § 42-4-1301, it is illegal to operate a vehicle “while under the influence of alcohol or one or more drugs.” If an accident occurs, prosecutors often pursue DUI per se (BAC ≥ 0.08%) or DUI actual impairment charges, plus enhanced charges if someone is injured:
- Vehicular Assault (C.R.S. § 18-3-205): Causing serious bodily injury to another while driving under the influence.
- Vehicular Homicide (C.R.S. § 18-3-106): Causing the death of another person in an accident involving DUI.
- DWAI (Driving While Ability Impaired): A lesser offense when BAC is between 0.05%–0.08% or impairment is minimal but noticeable.
Each carries mandatory penalties—jail time, fines, license revocation, and potential ignition interlock requirements—on top of civil liability.
Key Early Steps After an Accident
- Seek Medical Attention: Your health and the health of others come first; regardless of the accident. Medical records document injuries (or lack of injuries), which our team can use to counter exaggerated injury claims. Prosecutors often inflate the severity of injuries to obtain larger settlements for their clients, we stick to the facts to get you the best outcome for your case.
- Preserve Evidence: Request copies of the police report, photographs of the scene, skid-mark measurements, and any video (dash-cam, surveillance, or cell-phone footage). This evidence can be crucial to your case, and the quicker it can be obtained, the higher chances we have of building a strong case for you. The longer you wait, the greater the risk of people tampering with the evidence.
- Record Witness Information: Collect names and contact details of all eyewitnesses before they leave, if possible. It can be difficult to get this information, and may be the last thing on your mind, but it can be very helpful in defending your rights and freedoms should a witness have a unique take on the accident.
Common Defense Strategies
- Challenging the Traffic Stop: Was there reasonable suspicion to initiate the stop? If not, all subsequent evidence may be suppressed or even dismissed.
- Questioning Field Sobriety Tests: Standardized tests were calibrated for alcohol impairment—factors like poor lighting, uneven ground, or medical conditions can produce false “fail” results. Our team helps investigate these tests and if it was done fairly.
- Disputing Chemical Test Validity: Breath- and blood-tests must follow strict protocols. Our DUI defense attorneys examine calibration logs, chain-of-custody records, and technician certifications for errors.
- Accident Reconstruction & Expert Analysis: Specialized accident reconstruction experts can demonstrate that speed, weather, or mechanical failure—not impairment—caused the crash. This, used occasionally, can be a crucial part of the puzzle in getting your case dismissed, deferred, or delayed.
- Medical Conditions & Prescription Medications: Certain health issues (e.g., diabetes, neurological disorders) or lawfully prescribed drugs can mimic impairment. Medical experts can testify to these effects.
These strategies often work in combination to undermine the prosecution’s case.
The Role of Forensic Experts
Accident reconstructionists, toxicologists, and medical professionals can provide critical testimony:
- Reconstructionists recreate the collision dynamics to show how the crash occurred independently of impairment.
- Toxicologists interpret blood-draw timelines and metabolization rates to challenge the relevance of a BAC reading.
- Medical Doctors explain how injuries or prescriptions might affect a driver’s appearance or coordination.
Their opinions can be pivotal at both motions hearings and the trial.
Why You Need Bruno Lilly LeClere, PLLC
Our team includes former Weld County prosecutors who know the DA’s tactics inside and out. We’ve secured dismissals and reduced charges for clients whose lives and careers were on the line. We tailor defense strategies to the unique facts of each accident and arrest. Learn more about our DUI defense practice, and meet the attorneys ready to represent you on our team page.
Facing DUI Charges in Colorado? Take Action Today!
Time is critical after a DUI accident. Evidence degrades, memories fade, and deadlines for license hearings approach rapidly. Don’t wait to protect your future—contact Bruno Lilly LeClere, PLLC for a free, confidential consultation. Call us now at (720) 340-1373 or visit our contact us page to get started. Your freedom, your driving privileges, and your future depend on swift, experienced legal action.