When a passenger is injured in a car accident and the driver is under the influence of alcohol or drugs, then Vehicular Assault charges often will be charged along with DUI in Greeley and Weld County. A man was recently charged with Driving Under the Influence and Vehicular Assault after being in a single car accident. His passenger was thrown from the car and when police arrived at the scene in Longmont, the driver actually blamed the accident on the passenger. Because the unconscious passenger suffered serious bodily injury due to the crash, the driver was charged with Driving Under the Influence, Vehicular Assault and other various crimes like Reckless Driving and Driving a Vehicle with an Unsecured Passenger.
Weld County Vehicular Assault Lawyer: Definition of Vehicular Assault
The Weld, Morgan, and Logan County, Colorado law definition of Vehicular Assault – C.R.S. 18-3-205 – is:
(b) (I) 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.
Basically, if a person is driving drunk or high and someone ends up injured, Vehicular Assault is charged. We often think of Vehicular Assault as an intentional crime, but causing serious bodily injury to another through reckless driving or driving under the influence or alcohol or drugs, whether intentional or not will result in these charges.
Driving Under the Influence in Greeley and Fort Morgan
In Greeley, Erie, and Fort Morgan, Driving Under the Influence is charged when a person is in physical control of their vehicle and has a blood alcohol content (BAC) of .08 or higher. Physical control does not necessarily mean actually driving, but can be just sitting in the car with the keys. Your BAC can be determined through giving a breath or blood sample. Only provide the blood or breath sample after you have been arrested.
If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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