Firestone Vehicular Assault and Homicide Defense Lawyer
A crash that results in serious injury or death changes everything in an instant. What started as a traffic stop or accident investigation can rapidly become a felony criminal case carrying years, sometimes decades, in prison. Firestone vehicular assault and homicide defense requires an attorney who understands how Colorado prosecutes these cases from the ground up, how physical evidence gets interpreted, and where the gaps in the prosecution’s theory actually live. Reid DeChant has handled serious felony cases at both the public defender level and in private practice, and that breadth matters when the charge on the table carries this kind of weight.
What Colorado Law Actually Charges in These Cases
Colorado treats vehicle-related injuries and deaths as serious felonies when a driver is alleged to have been impaired, reckless, or criminally negligent. Vehicular assault under C.R.S. 18-3-205 applies when a driver causes serious bodily injury to another person while DUI, DWAI, or driving recklessly. Vehicular homicide under C.R.S. 18-3-106 applies when a fatality results from the same categories of conduct.
The distinctions matter. A vehicular assault charge based on DUI is a Class 4 felony. A vehicular assault based on recklessness is a Class 5 felony. Vehicular homicide by DUI is a Class 3 felony, which sits in a range that can mean four to twelve years in state prison with mandatory parole. Reckless vehicular homicide is a Class 4 felony. These are not the kind of charges that resolve with a fine and a suspended sentence. A conviction follows someone permanently.
Prosecutors in Weld County, which covers Firestone and the surrounding communities along the I-25 corridor, treat vehicular assault and homicide cases as priority matters. Weld County has seen significant population growth through towns like Firestone, Frederick, and Mead, and the traffic on Highway 119 and the roads feeding into I-25 has grown with it. More cars, more enforcement, and more scrutiny on impaired driving means these cases come through the Weld County District Court with regularity.
How Blood and Toxicology Evidence Gets Challenged
In any DUI-based vehicular assault or homicide case, the prosecution’s foundation almost always comes back to a blood draw or breath test. Reid has focused substantial training and practice on fighting impaired driving charges, including the technical and procedural requirements that govern chemical testing in Colorado.
Colorado’s express consent law means a driver is deemed to have consented to chemical testing, but that law carries specific requirements. The timing of a blood draw matters. Colorado law requires the test to be administered within two hours of driving. If there was a delay at the hospital, at the scene, or during transport, that window can be challenged. The chain of custody for blood evidence, the calibration and maintenance of testing equipment, the qualifications of the person who drew or analyzed the sample, and the lab’s protocols for handling specimens all represent areas where the prosecution’s evidence can fall short.
Drug-impaired driving cases present additional complexity. Unlike alcohol, THC and many prescription or illegal substances do not have a straightforward legal per se limit that automatically establishes impairment. A blood test showing the presence of a substance does not by itself prove the driver was impaired at the time of the crash. The prosecution must still connect the dots, and that connection is often more vulnerable than it first appears.
Recklessness and the Line Between an Accident and a Crime
Not every vehicular assault or homicide charge rests on DUI. Some cases are built on an allegation of reckless driving, where the prosecution argues the driver consciously disregarded a substantial and unjustifiable risk. This is a meaningful legal standard. Recklessness is not the same as making a mistake. A driver who misjudged a gap, failed to see a stop sign, or reacted too slowly is not automatically reckless under Colorado law, even if the outcome was catastrophic.
The distinction between criminal recklessness and ordinary negligence is where these cases are often won or lost. An accident reconstruction expert, witness accounts, road conditions, visibility, signage, and the mechanics of the collision itself all feed into that analysis. In areas like Firestone where road infrastructure is evolving to keep pace with development, there are real questions about road design, signage clarity, and conditions that can bear on whether a driver’s conduct rose to the level of criminal recklessness.
This is why having a defense lawyer who approaches the case as an investigator, not just a courtroom advocate, matters. Reid’s background includes trying cases to verdict, not just negotiating dispositions, and that preparation shows in how cases are built from the earliest stages.
Questions About Vehicular Assault and Homicide Cases in Firestone
Can these charges be reduced or dismissed, or are they automatic convictions once charged?
No charge is automatic. Prosecutors file charges based on the information they have at the time, which is often incomplete. As discovery develops and defense investigation proceeds, weaknesses in the evidence, procedural violations, or legal arguments about the sufficiency of the charge itself can lead to reductions or dismissals. Reid’s case results include DUI charges dismissed at the trial level, not guilty verdicts in assault and domestic violence cases, and DMV actions dismissed for procedural defects. The same kind of rigorous analysis applies here.
If someone died in the crash, is a felony conviction inevitable?
No. The fact of a fatality is devastating, but it does not mean the prosecution can prove every element of vehicular homicide beyond a reasonable doubt. The state must prove impairment, recklessness, or criminal negligence, and it must prove that conduct caused the death. If the evidence of impairment is weak, if another driver or road condition contributed to the crash, or if the prosecution’s reconstruction is flawed, those are all grounds on which the defense can challenge the case.
What is the difference between vehicular homicide and criminally negligent homicide in Colorado?
Criminally negligent homicide involves a failure to perceive a substantial risk, rather than consciously disregarding it. It carries lower penalties than vehicular homicide based on recklessness. How the prosecution charges a case involving a fatal accident, and whether there is an argument that the conduct at issue fits a less serious charge, is part of what early defense analysis should address.
Will a vehicular assault or homicide conviction affect my driver’s license?
Yes. A felony conviction for vehicular assault or vehicular homicide carries mandatory license revocation under Colorado law. The DMV proceedings run parallel to the criminal case, and both require attention. Losing the ability to drive can affect employment, family responsibilities, and daily life in ways that compound the criminal penalties significantly.
Does it matter that this happened in Firestone and not Denver or another major city?
It matters procedurally. Firestone sits in Weld County, and the case will be handled in Weld County District Court in Greeley. Local prosecutors, local judges, and local jury pools all have characteristics that a defense attorney familiar with that venue understands. Experience in Weld County and along the Front Range corridor gives Reid’s clients the benefit of that local knowledge in how cases are evaluated and resolved.
Can I be charged even if I was not the one who caused the crash?
If you were impaired at the time of the crash, Colorado prosecutors may pursue vehicular assault or homicide charges even if the accident was caused by the other driver or by road conditions. The theory is that driving while impaired created the risk. That kind of case involves its own set of arguments about causation and fault, and they are worth examining carefully.
How long do these cases typically take to resolve?
Felony cases in Colorado, especially those involving accident reconstruction, toxicology analysis, and multiple witnesses, take time. From arrest through preliminary hearing, discovery, motions, and potential trial, cases of this seriousness routinely take a year or more. That timeline is not a reason for delay on your end. The earlier defense analysis begins, the better positioned the case will be at every stage.
Facing a Vehicular Assault or Homicide Charge Near Firestone
A vehicular assault or homicide charge in the Firestone area brings you into Weld County’s felony court system facing some of the most serious consequences Colorado law allows. Reid DeChant has tried cases to verdict, challenged blood evidence, and fought DMV revocations with documented success. He approaches every serious felony case with the understanding that clients come to him at the hardest point in their lives, and that what they need is someone who genuinely engages with their situation, not a lawyer processing files. If someone you care about is facing a Firestone vehicular homicide or assault charge, reaching out early gives the defense the best chance to matter.