Aurora Vehicular Assault and Homicide Defense Lawyer
Few criminal charges carry the weight of vehicular assault or vehicular homicide. These are cases where an ordinary drive ends in catastrophe, and prosecutors treat them accordingly. Colorado law allows felony charges even when there was no intent to harm anyone, which means the circumstances of a single moment can reshape the rest of a person’s life. An Aurora vehicular assault and homicide defense lawyer has to understand exactly how these cases are built, how the evidence gets interpreted, and where the prosecution’s theory of the case has weak points. Reid DeChant has tried cases like this, handled them through every phase of litigation, and knows how to bring real accountability to the government’s argument.
How Colorado Charges Vehicular Assault and Vehicular Homicide
Colorado draws a meaningful line between vehicular assault and vehicular homicide, but the underlying legal theories overlap substantially. Both charges require proof that the driver operated a vehicle in a reckless manner or while impaired, and that the reckless or impaired driving caused serious bodily injury or death.
Vehicular assault under C.R.S. 18-3-205 is a class 4 felony when the driver was DUI or DWAI. Reckless driving that causes serious bodily injury without alcohol involvement can also support the charge, though it sits at a lower felony level. Vehicular homicide under C.R.S. 18-3-106 follows the same framework, but applies when the victim dies. A DUI-based vehicular homicide is a class 3 felony, among the most serious non-violent felonies in the Colorado code.
What makes these charges different from a standard DUI or reckless driving case is the mandatory sentencing pressure. A class 3 felony can carry four to twelve years in prison under presumptive sentencing guidelines, and the presence of a victim’s family in the courtroom creates real pressure on both judges and juries. Aurora cases land in Arapahoe County District Court, where the prosecutors handling these files are experienced and methodical.
What the Prosecution Has to Establish, and Where That Case Can Break Down
The government must prove causation, not just that an accident happened while the defendant was driving. That distinction matters more than most people realize. Prosecutors have to show that the driver’s impairment or recklessness was the proximate cause of the injury or death, not simply a contributing factor in a complex accident.
Causation is often contested. Another driver’s behavior, a road defect, mechanical failure, a pedestrian’s own conduct, or poor visibility conditions can all become legitimate issues at trial. When the prosecution tries to shortcut past causation by emphasizing the driver’s BAC or a prior driving record, that’s a signal that their causation evidence has gaps.
Impairment evidence also carries its own vulnerabilities. Blood draws taken after a significant delay, field sobriety tests administered improperly, or BAC results that sat outside the two-hour window required under Colorado law can all be challenged. Reid has a documented track record of challenging chemical test results in DUI proceedings, including DMV actions dismissed for failure to administer tests within the required window. That same technical knowledge applies directly to vehicular assault and homicide cases, where the BAC result is often the linchpin of the prosecution’s theory.
Accident reconstruction is another contested arena. Law enforcement typically presents a reconstruction expert at trial. These experts make assumptions, and those assumptions can be cross-examined. Hiring an independent reconstruction expert and attacking the methodology of the state’s expert has changed outcomes in cases like this.
The DMV Dimension in Vehicular Assault Cases
Alongside the criminal case, a vehicular assault or vehicular homicide charge in Aurora almost certainly triggers a parallel DMV proceeding. Colorado’s express consent laws mean that any DUI-related arrest, including those connected to serious accidents, initiates a separate administrative process to revoke the driver’s license.
These hearings are independent of the criminal court. They run on their own timeline and their own evidentiary standards. Losing a DMV hearing while the criminal case is still pending can create downstream consequences, including how the prosecution frames the defendant’s compliance or conduct. Winning a DMV hearing, on the other hand, can signal weaknesses in the state’s evidence before the criminal case reaches a jury.
DeChant Law has handled DMV express consent hearings extensively, with multiple dismissals on procedural and substantive grounds. That experience is directly relevant when a vehicular assault arrest triggers both tracks of proceedings simultaneously.
Questions People Actually Ask About These Cases
Can I face vehicular homicide charges even if I wasn’t legally drunk?
Yes. Colorado allows vehicular homicide charges based on reckless driving alone, without any alcohol or drug impairment. Recklessness means consciously disregarding a substantial and unjustifiable risk. Excessive speed, street racing, or running a red light at a dangerous intersection could potentially support that theory depending on the facts. The DUI-based charge carries stiffer penalties, but prosecutors have a separate path that doesn’t require proving impairment.
What happens if the other driver was also at fault?
Comparative fault is not a direct defense in a criminal case the way it is in civil court, but it absolutely matters for causation. If another driver’s conduct was the actual cause of the fatal collision, or if multiple factors beyond your driving contributed, that undermines the prosecution’s causation argument. This is precisely why accident reconstruction analysis matters from day one.
How does this charge differ from DUI in Arapahoe County court?
A standard DUI in Arapahoe County is typically a misdemeanor. Vehicular assault and homicide are felonies tried in district court rather than county court. The procedural rules, the judges, and the stakes are all different. Felony proceedings involve grand jury considerations, longer investigation timelines, and significantly more complex discovery. An attorney who handles DUI cases needs to have genuine felony trial experience to handle these charges at the same level.
Will I go to prison if someone was seriously hurt in the crash?
There is no guaranteed outcome in either direction. A class 3 felony vehicular homicide carries a presumptive range of four to twelve years, but outcomes depend on the specific facts, prior record, strength of the evidence, the quality of the defense, and how the case is resolved, whether by plea or trial. Dismissals and not-guilty verdicts happen in these cases. So do significant sentences. The range is wide enough that the defense strategy chosen early in the case has real consequences.
What if I gave a blood sample at the hospital after the accident?
Hospital blood draws present distinct legal issues. Depending on how the sample was obtained, whether consent was given, and whether law enforcement followed the required procedures under Colorado’s express consent framework, there may be grounds to challenge the admissibility of that result. The voluntariness of a blood draw taken from someone who was also being treated for injuries is a genuine legal question that courts have addressed in different ways.
How soon should I contact a defense lawyer after an accident like this?
Before giving any statement to law enforcement, if at all possible. Accident investigators will arrive quickly, and anything said at the scene or during a follow-up interview becomes part of the case file. The earlier a defense attorney is involved, the more options remain open. Evidence gets preserved, independent reconstruction experts can be retained before the scene changes, and critical early decisions get made with legal guidance rather than in a vacuum.
Does Reid DeChant handle trials, or primarily negotiate pleas?
Reid is a trial lawyer. He has tried DUI cases, assault cases, and domestic violence cases to not-guilty verdicts across multiple counties, including Arapahoe, Jefferson, Adams, and Douglas. For charges this serious, the willingness to take a case to trial and the ability to actually try it are not the same thing. The distinction matters when you are facing felony sentencing exposure.
Facing Serious Felony Charges in Aurora? Reid DeChant Is Ready to Try Your Case.
A charge of vehicular assault or vehicular homicide in Aurora is a felony that can end in years of incarceration, permanent record consequences, and effects that reach into every area of life after the case is resolved. DeChant Law brings genuine trial experience, specific knowledge of Colorado’s DUI and express consent framework, and a record of challenging the government’s evidence at every stage. If you need an Aurora vehicular assault defense attorney who will evaluate the prosecution’s case honestly and fight it directly, contact DeChant Law to talk through where you stand.
