In Weld County, a DUI charge can sometimes lead to additional criminal allegations, depending on the circumstances of the arrest. One charge that occasionally appears alongside DUI is Reckless Endangerment. Prosecutors in Weld County courts, including cases arising in Greeley, Evans, Windsor, Milliken, Johnstown, Firestone, Frederick, Fort Lupton, and surrounding communities, may pursue Reckless Endangerment when they believe a driver’s conduct created a serious risk to others.
Understanding when Reckless Endangerment is charged, and how it can be attached to DUI, is critical if you are facing allegations in Weld County.
What Is Reckless Endangerment Under Colorado Law? A Weld County Reckless Endangerment Attorney Explains
Reckless Endangerment occurs when a person recklessly engages in conduct that creates a substantial risk of serious bodily injury to another person. It is generally charged as a Class 2 misdemeanor in Colorado.
Unlike many crimes, Reckless Endangerment does not require that anyone was actually injured. The focus is on the risk created by the conduct, not the outcome.
How Reckless Endangerment Comes Up in Weld County DUI Cases
In Weld County DUI cases, Reckless Endangerment is not automatically charged. Instead, it typically arises when prosecutors believe the alleged driving behavior went beyond ordinary impaired driving and created a heightened danger to others.
Common situations include:
DUI Accidents Without Serious Injury
If a DUI arrest follows a traffic accident in Greeley, Evans, or another Weld County municipality, and no one suffers serious bodily injury, prosecutors may still allege Reckless Endangerment. The theory is that impaired driving combined with a collision created a substantial risk of serious harm, even if that harm was avoided.
For example, a DUI crash at an intersection in Windsor or Fort Lupton that narrowly avoids injuring another driver or pedestrian may draw additional scrutiny from prosecutors.
Passengers or Vulnerable Individuals in the Vehicle
Reckless Endangerment allegations sometimes arise when DUI cases involve passengers, particularly children or other vulnerable individuals. Prosecutors may argue that driving under the influence with passengers present placed those individuals at significant risk, even in the absence of a crash.
In some cases, this conduct may also be investigated under Child Abuse statutes, depending on the facts.
Highly Dangerous Driving Behavior
In Weld County, Reckless Endangerment may also be charged when DUI cases involve extreme or dangerous driving behavior, such as:
- Excessive speeding through residential areas
- Ignoring traffic signals or stop signs
- Driving the wrong way on a roadway
- Nearly striking pedestrians, cyclists, or other vehicles
Prosecutors often focus on whether the driver consciously disregarded a known risk, which is a key element of reckless conduct under Colorado law.
Why Weld County Prosecutors Use Reckless Endangerment Charges
Reckless Endangerment is sometimes used as a middle-ground charge. When no one is seriously injured, felony charges like Vehicular Assault are not available. However, prosecutors may still believe the conduct deserves more than a standalone DUI.
In Weld County courts, Reckless Endangerment can be used to:
- Increase leverage in plea negotiations
- Reflect the perceived danger of the alleged conduct
- Address risky behavior when injury thresholds for felonies are not met
If you or someone you love has been charged with Reckless Endangerment, be smart, exercise your right to remain silent and contact the O’Malley Law Office at 970-616-6009 for a free initial consultation. Together, we can protect your future.
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