Berthoud Vehicular Assault/Homicide Defense Lawyer

A crash becomes a criminal case faster than most people realize. One moment there is an accident. The next, law enforcement is investigating not just what happened, but whether you were impaired, reckless, or criminally responsible for someone’s serious injury or death. If you are under investigation or have already been charged, working with a Berthoud vehicular assault/homicide defense lawyer who understands how Colorado prosecutes these cases is not optional. It is the most consequential decision you will make.

At DeChant Law, attorney Reid approaches these cases with the same tenacity he brings to every serious charge: understanding your story, challenging the government’s evidence, and building a defense that reflects the actual facts rather than the prosecution’s narrative.

Vehicular Assault and Vehicular Homicide Are Not the Same as Reckless Driving

This distinction matters enormously, and it often gets lost in the early confusion following a crash. Colorado treats vehicular assault and vehicular homicide as standalone felony offenses, separate from ordinary traffic violations. The charge is not about how bad the accident was. It is about whether the prosecution can prove you were driving under the influence or with a mental state the law calls reckless, and that your conduct caused the injury or death.

Vehicular assault under C.R.S. 18-3-205 requires that you caused serious bodily injury to another person. Vehicular homicide under C.R.S. 18-3-106 applies when a death results. Both statutes split into two tracks depending on the alleged conduct: a DUI-based track and a recklessness-based track. These carry different classifications and different sentences.

DUI-based vehicular assault is a class 4 felony. DUI-based vehicular homicide is a class 3 felony. The recklessness-based versions are one step lower, but they are still felonies. A class 3 felony conviction in Colorado carries 4 to 12 years in the Department of Corrections, with mandatory sentencing enhancements that can extend that range. These are not plea-to-probation-level charges in most cases.

What Colorado Prosecutors Actually Have to Prove in Berthoud Cases

Larimer County handles serious felony matters through the 8th Judicial District. Investigators from the Berthoud Police Department, the Larimer County Sheriff’s Office, or the Colorado State Patrol may work the initial scene, but the District Attorney’s Office in Fort Collins will decide whether and how to prosecute. These offices have experience with fatal crash prosecutions, and they move quickly.

On the DUI track, prosecutors must establish that you were driving under the influence of alcohol, drugs, or both at the time of the crash. Blood evidence is almost always central to these cases. The Colorado Bureau of Investigation laboratory handles most blood draws from crash scenes, and the testing process has documented vulnerabilities: sample handling, chain of custody, fermentation errors, and timing relative to driving. These are not technicalities. They are legitimate questions about whether the number on a toxicology report actually reflects your BAC at the moment of the crash, not an hour later at the hospital.

On the recklessness track, the prosecution must show your driving conduct was a conscious disregard of a substantial and unjustifiable risk. Speeding alone rarely meets that threshold. But combining speed with impairment, or running a red light at high speed, or driving in a condition where impairment is obvious, creates a different picture. The line between recklessness and ordinary negligence is genuinely contested in many of these cases, and that contest is where defense work happens.

Causation is also a real issue. A crash involving multiple vehicles, road conditions, or mechanical factors may have complex contributing causes. The government must prove your conduct, not some combination of factors, caused the harm. That is a higher bar than it sounds.

U.S. 287, Highway 56, and the Crash Investigations That Follow

Berthoud sits at the intersection of U.S. 287 and Highway 56, two corridors that carry significant agricultural, commuter, and commercial traffic. Crashes on these roads tend to involve higher speeds and, in some cases, multiple vehicles or pedestrians. Law enforcement agencies that respond to serious crashes in this area are often well-practiced at building vehicular assault and homicide cases. They arrive with accident reconstruction capabilities, mobile blood draw protocols, and coordination with the DA’s office that can begin before you have left the hospital.

If there is any indication of impairment, Colorado’s express consent law means you may have already submitted to a blood draw at the scene or at a medical facility. That sample is now evidence. The investigation is already underway. That is why early legal involvement changes the trajectory of these cases. Statements made in the hours after a crash, before counsel is involved, often become the prosecution’s most useful tool.

Questions Clients Ask About These Charges

Can vehicular homicide charges be filed even if I was not drunk?

Yes. Colorado allows vehicular homicide to be charged on a recklessness theory that does not require any alcohol or drug involvement. If prosecutors believe your driving reflected a conscious disregard for the safety of others, they can pursue felony charges regardless of your BAC. That said, the recklessness standard is harder to prove than the DUI standard, and cases built solely on recklessness are more susceptible to meaningful defense challenges.

What happens to my driver’s license after an arrest like this?

Colorado’s DMV proceedings run on a separate track from the criminal case. If you provided a blood or breath sample, or if you refused, there will be an express consent revocation action. You typically have seven days from the date of the DMV notice to request a hearing. Missing that window results in automatic revocation. The DMV hearing and the criminal case involve different standards and different consequences, and they require separate attention.

Will I go to prison if convicted?

It depends on the specific charge, your prior record, and the facts of the case. Class 3 felonies carry mandatory prison ranges under Colorado law, and judges have limited discretion to depart downward in serious cases. Class 4 felonies offer somewhat more flexibility. Dismissal, charge reduction, or acquittal at trial each produce different outcomes, which is why the defense strategy matters so much from the beginning.

How does the defense challenge blood test results in these cases?

Blood draws in crash cases are often collected under chaotic conditions. Chain of custody documentation, the qualifications of the person drawing blood, storage conditions, and laboratory testing protocols are all points of scrutiny. The timing of the draw relative to driving also matters because BAC rises after drinking stops, meaning a sample taken an hour after a crash may overstate what your BAC was at the time you were behind the wheel. These challenges require both legal knowledge and familiarity with forensic science.

Does it matter if the other driver contributed to the crash?

Causation is an element the prosecution must prove. If another driver’s negligence, a road defect, or a vehicle malfunction contributed to the crash, that evidence is relevant to whether your conduct was the cause of the injury or death. Colorado is not a pure comparative fault state in the criminal context, but causation remains genuinely contested, and a thorough accident reconstruction can surface evidence the initial police investigation missed.

Should I give a statement to police after a serious crash?

No. You have a constitutional right to remain silent, and in crash investigations involving serious injury or death, everything you say will be documented and used to build a case. Politely declining to provide a statement until you have spoken with an attorney is not suspicious. It is smart. Investigators are trained to gather admissions in the immediate aftermath of an event when people are disoriented and emotionally vulnerable.

How soon should I contact a defense attorney?

As soon as possible. Evidence from a crash scene has a short shelf life. Witness memories fade. Video from nearby cameras gets overwritten. Physical evidence gets processed and sometimes altered. Early involvement allows your attorney to preserve evidence, attend DMV hearings, and ensure your rights are not compromised before charges are even formally filed.

If You Are Facing Vehicular Assault or Homicide Charges in the Berthoud Area

Reid at DeChant Law has handled serious criminal charges across the Denver metro and Northern Colorado, with experience as both a public defender and in private practice. He knows how Colorado investigates and prosecutes these cases, and he approaches every client’s situation with the same care and commitment to their story. A Berthoud vehicular assault or homicide defense attorney who understands the local courts, the evidence issues, and the human weight of what is at stake can make a real difference in how your case is resolved. Contact DeChant Law to discuss where things stand and what comes next.