Arrested or Charged with Vehicular Homicide (C.R.S. § 18-3-106) in Colorado?

If someone died in a crash and the police believe you were at fault, because of alcohol, drugs, or reckless driving, you’re likely facing a vehicular homicide charge under Colorado law. This isn’t a traffic case. It’s a felony. And the way it’s handled early on can shape the rest of your life.

Not every fatal crash is a crime. But once you’re charged, the burden shifts fast. Prosecutors move aggressively. Judges take it seriously. And you need to know exactly what you’re up against, and what can be done to fight back.

What is Vehicular Homicide Under Colorado Law?

Under C.R.S. § 18-3-106, vehicular homicide occurs when someone operates or drives a motor vehicle either recklessly or while under the influence of alcohol or drugs, and that conduct is the proximate cause of another person’s death.

Let’s break that down into simpler terms:

• Reckless driving: This means driving in a way that shows a conscious disregard for a substantial and unjustifiable risk. Speeding excessively, weaving through traffic, or ignoring traffic signals could all qualify.
• Driving under the influence: This includes alcohol, marijuana, prescription medications, or any other substance that impairs your ability to drive safely.
• Proximate cause: The prosecution must prove that your actions directly led to the death. If there were other factors, like another driver’s negligence or a mechanical failure, your lawyer can argue that your conduct wasn’t the actual cause.

It’s also important to understand that the law allows certain inferences to be drawn based on your blood alcohol content (BAC) at the time of the incident or within a reasonable time afterward. These inferences aren’t proof, but they can influence how the case is viewed.

How Serious Are the Penalties?

Vehicular homicide is classified as either a Class 3 felony or a Class 4 felony, depending on whether you were under the influence or driving recklessly.

Class 3 Felony (DUI-related):

• Prison: 4 to 12 years
• Fines: Up to $750,000
• Parole: Mandatory 5 years

Class 4 Felony (Reckless driving):

• Prison: 2 to 6 years
• Fines: Up to $500,000
• Parole: Mandatory 3 years

Beyond prison and fines, a conviction also means:

• Driver’s license revocation: You could lose your license for years or even permanently.
• Permanent criminal record: A felony conviction affects employment, housing, and even professional licenses.
• Civil liability: The victim’s family may file a wrongful death lawsuit against you, leading to additional financial consequences.
• Immigration consequences: If you’re not a U.S. citizen, a felony conviction could lead to deportation or denial of citizenship.

This is about the long-term impact on your life and your family’s future.

What the Prosecution Must Prove

To convict you of vehicular homicide, the prosecution must prove every element of the charge beyond a reasonable doubt. That’s a high bar, and it’s your criminal defense lawyer’s job to challenge their case at every step.

Here’s what they need to show:

• You were operating or driving a motor vehicle.
• You were either driving recklessly or under the influence of alcohol or drugs.
• Your conduct was the proximate cause of someone’s death.

If any one of these elements can’t be proven, the case should not result in a conviction.

Possible Defenses to Vehicular Homicide Charges

Every case is different, but there are several defenses that may apply depending on the facts of your situation.

1. You Were Not Driving Recklessly

Reckless driving requires proof that you consciously disregarded a serious risk. If you were simply involved in an accident due to poor weather, a sudden medical emergency, or another driver’s actions, that’s not recklessness.

2. You Were Not Under the Influence

Even if your BAC was above the legal limit, the prosecution must still prove that you were impaired. Factors like when the test was taken, whether proper procedures were followed, and whether the equipment was calibrated correctly can all be challenged.

Your attorney can also question whether any drugs in your system actually impaired your ability to drive. Many prescription medications are legal and don’t affect everyone the same way.

3. Your Actions Were Not the Proximate Cause

Just because you were involved in a crash doesn’t mean you caused the death. If another driver ran a red light, a pedestrian suddenly entered the road, or there was a mechanical failure in your vehicle, your lawyer can argue that these factors, not your conduct, were the true cause of the tragedy.

4. Insufficient Evidence

The burden of proof is on the state. If there’s a lack of eyewitness testimony, unclear accident reconstruction reports, or problems with how evidence was collected, your attorney can argue that the prosecution hasn’t met its burden.

5. Constitutional Violations

If law enforcement violated your rights during the investigation, such as conducting an illegal search, failing to read you your Miranda rights, or coercing a confession, any evidence obtained improperly may be suppressed. This can significantly weaken the prosecution’s case.

What Happens After You’re Arrested?

Understanding the process can help you prepare for what’s ahead.

Step 1: Arrest and Booking

You’ll be taken into custody, fingerprinted, and booked. Depending on the circumstances, you may be held without bond or given the opportunity to post bail.

Step 2: Your First Court Appearance

At your arraignment, the judge will inform you of the charges and your rights. This is also when bail conditions are set if you haven’t already been released.

Step 3: Preliminary Hearing

The prosecution must show that there’s enough evidence to proceed with the case. Your lawyer can challenge their evidence and begin building your defense.

Step 4: Plea Negotiations or Trial

Depending on the strength of the evidence, your attorney may negotiate with the prosecution for reduced charges or alternative sentencing. If a fair deal isn’t possible, your case will go to trial, where your lawyer will fight to prove your innocence or create reasonable doubt.

Building a Strong Defense Starts with the Right Attorney

Vehicular homicide cases are complicated. They involve accident reconstruction experts, toxicology reports, witness testimony, and detailed legal arguments. Trying to handle this on your own or waiting too long to hire a lawyer can put you at a serious disadvantage.

An experienced Colorado criminal defense attorney can:

• Review all evidence and identify weaknesses in the prosecution’s case
• Challenge BAC test results and accident reconstruction reports
• Negotiate for reduced charges or alternative sentencing
• Protect your constitutional rights throughout the process
• Provide aggressive representation in court if your case goes to trial

The sooner you have a lawyer on your side, the better your chances of achieving a favorable outcome.

Talk to a Colorado Vehicular Homicide Defense Lawyer Today

Being charged with vehicular homicide is overwhelming, but you don’t have to go through it by yourself. At Dawson Law Office, we understand what’s at stake, and we know how to build a strong defense against these serious charges.

If you or someone you love has been arrested for vehicular homicide under C.R.S. § 18-3-106, contact us today for a confidential consultation. Your future matters, and we’re here to help you protect it.