Denver Vehicular Homicide Lawyer
A vehicular homicide charge is one of the most serious criminal accusations a person can face in Colorado. A single accident, a split-second decision, or even a disputed set of facts can result in a felony charge that carries years in prison. If you are under investigation or have already been charged, Denver vehicular homicide lawyer Reid DeChant brings courtroom experience from both sides of the system to cases exactly like yours.
What Colorado Law Actually Says About Vehicular Homicide
Under Colorado Revised Statutes Section 18-3-106, vehicular homicide occurs when a driver causes the death of another person while operating a motor vehicle recklessly, or while driving under the influence of alcohol or drugs. These are two distinct theories of prosecution, and they carry different consequences.
Reckless vehicular homicide is a class 4 felony, punishable by two to six years in the Department of Corrections and fines up to $500,000. DUI-based vehicular homicide is a class 3 felony, carrying four to twelve years in prison. Colorado does not treat these cases lightly, and neither do prosecutors in Denver, Jefferson, Arapahoe, or Adams County.
The DUI theory does not require proof that the driver was drunk in any colloquial sense. A BAC of 0.08% or higher creates a presumption, but prosecutors have pursued vehicular homicide charges on DWAI-level impairment or alleged drug influence as well. That distinction matters enormously when building a defense.
How These Cases Are Built, and Where They Fall Apart
Vehicular homicide investigations move fast. Law enforcement typically reconstructs the crash using accident reconstruction specialists, toxicology reports, surveillance footage, and witness accounts. The Colorado State Patrol or Denver Police Department will often begin collecting evidence before the driver has any opportunity to speak with an attorney.
That speed creates both pressure and opportunity. Evidence gathered in haste can be flawed. Blood draws must follow strict timing and procedure requirements under Colorado’s express consent laws. Breath testing equipment must be properly calibrated. Accident reconstruction is a science with real margins of error, and those margins become critical when the difference between recklessness and ordinary negligence determines whether someone spends a decade in prison.
Crashes on I-70 near the Eisenhower Tunnel, on I-25 through downtown Denver, or on C-470 during winter road conditions often involve external factors that complicate the narrative. Black ice, poor signage, another driver’s sudden behavior, or mechanical failure can all be part of what actually happened. Those facts belong in front of a jury.
Reid has tried cases to verdict, including DUI-related charges, and understands that what wins or loses a vehicular homicide case is rarely one thing. It is the accumulated weight of challenged evidence, credible expert testimony, and a story that the jury can actually follow.
The Role of Toxicology in Denver Vehicular Homicide Cases
When a death occurs in a crash and alcohol or drugs are suspected, law enforcement will request or compel a blood draw. The results of that test can become the centerpiece of a prosecution. But toxicology is not a perfect science, and the procedures surrounding a blood draw are governed by strict rules that, when violated, can render the results inadmissible.
Timing matters. Colorado law requires that a chemical test be administered within two hours of driving. If it was not, the results may be challenged. The chain of custody for a blood sample must be documented without gaps. The laboratory analyzing the sample must be certified and its analysts qualified to testify. DeChant Law has obtained dismissals in DMV express consent proceedings based on exactly these kinds of procedural failures.
Drug-impaired driving cases present an additional layer of complexity. There is no legal per se limit for most controlled substances in vehicular homicide cases the way there is for alcohol. The prosecution must prove actual impairment at the time of driving, not simply the presence of a substance. That is a harder standard to meet, and it opens real avenues for defense.
Parallel Proceedings: Criminal Court and the DMV
A vehicular homicide charge comes with consequences that extend beyond the criminal courtroom. Colorado’s express consent law means that an arrest or investigation involving suspected DUI triggers a separate DMV administrative proceeding to revoke your driver’s license. This hearing operates independently of the criminal case, on its own timeline, with its own standards of evidence.
Missing the window to request a DMV hearing, which is short, results in automatic revocation. Fighting both proceedings simultaneously requires attention to how each affects the other. A statement made in one context can surface in the other. DeChant Law handles both the criminal defense and the DMV proceeding as connected parts of the same case, not separate concerns.
Questions Worth Asking Before You Decide Anything
Is vehicular homicide always charged as a felony in Colorado?
Yes. Both the reckless and DUI theories of vehicular homicide are felonies under Colorado law. The level, class 3 or class 4, depends on the theory the prosecution pursues. That distinction has a significant impact on sentencing ranges.
What is the difference between reckless driving and recklessness in a vehicular homicide case?
Recklessness in the vehicular homicide context means consciously disregarding a substantial and unjustifiable risk. This is a higher standard than ordinary negligence. A bad outcome, even a tragic one, does not automatically mean the driver acted recklessly under the law. That distinction is often where cases are won or lost.
Can a vehicular homicide charge be reduced or dismissed?
Yes. Outcomes depend on the specific facts, the strength of the evidence, and how the defense is built from the beginning. Charges have been reduced to careless driving causing death, which is a misdemeanor, when the evidence of recklessness or impairment is challenged successfully. Cases have also been dismissed where procedural violations undermined the prosecution’s evidence.
What happens if I was the one who called 911 after the accident?
Calling for help does not protect you from prosecution, but it does become part of the record. Statements made at the scene, whether to police, paramedics, or other drivers, can and will be used. Before giving any formal statement to law enforcement, you should speak with a defense attorney.
Does it matter which county the crash happened in?
It can matter practically. Cases in Denver District Court, Jefferson County, Arapahoe County, and Adams County each involve different prosecutors, different judges, and different procedural norms. Knowing how those offices approach vehicular homicide charges, what they prioritize, and where they have historically been willing to negotiate is part of building an effective defense.
Will I go to prison if charged with vehicular homicide?
Not necessarily. A charge is not a conviction. Prison is one possible outcome among many. Effective defense work, including challenging evidence, retaining qualified experts, and presenting the full context of what happened, affects what outcomes are realistically achievable in any given case.
How does the criminal case affect any civil lawsuit filed by the victim’s family?
A criminal conviction can be used as evidence in a civil wrongful death lawsuit. An acquittal does not automatically bar a civil claim, since the standard of proof is lower in civil court. These proceedings are separate but connected. How you handle the criminal case can have downstream effects on civil exposure.
Defending a Vehicular Homicide Charge in Denver
Reid DeChant spent years as a public defender in Denver, Broomfield, and Adams County before moving to private practice. During that time, he handled everything from traffic offenses to homicides. He has tried cases to verdict, including DUI cases, assault with a deadly weapon, and domestic violence charges. The case results on this site include not guilty verdicts at trial and dismissals at both the prosecution and DMV levels.
Vehicular homicide is tried in front of juries. That means the work done before trial, how evidence is challenged, what experts are retained, how the story of what actually happened is developed and told, determines what the jury hears. Reid trained at the Trial Lawyers College, where the focus is on how to bring a client’s real story into the courtroom. That matters in a vehicular homicide case, where the prosecution will present tragedy and the defense must present truth.
If you have been charged or are under investigation for a vehicular death in Denver or the surrounding metro area, the time to start building a defense is now. Contact DeChant Law to speak with a Denver vehicular homicide attorney directly about your case.