Colorado criminal charge
Vehicular assault in Colorado
Vehicular assault is a criminal offense under Colorado law, defined by C.R.S. § 18-3-205. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-3-205.
What is the penalty for vehicular assault in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 3 years (Vehicular assault — reckless driving — Applies when a person operates or drives a motor vehicle in a reckless manner and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(a).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Vehicular assault — reckless driving — Applies when a person operates or drives a motor vehicle in a reckless manner and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(a).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Vehicular assault — reckless driving — Applies when a person operates or drives a motor vehicle in a reckless manner and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(a).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Vehicular assault — driving while ability impaired — Applies when a person operates or drives a motor vehicle while impaired by alcohol or drugs and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(b)(I.5).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Vehicular assault — driving while ability impaired — Applies when a person operates or drives a motor vehicle while impaired by alcohol or drugs and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(b)(I.5).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Vehicular assault — driving while ability impaired — Applies when a person operates or drives a motor vehicle while impaired by alcohol or drugs and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(b)(I.5).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Vehicular assault — DUI (strict liability) — Applies when a person operates or drives a motor vehicle while under the influence of alcohol or drugs and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(b)(I), a strict liability crime.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Vehicular assault — DUI (strict liability) — Applies when a person operates or drives a motor vehicle while under the influence of alcohol or drugs and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(b)(I), a strict liability crime.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Vehicular assault — DUI (strict liability) — Applies when a person operates or drives a motor vehicle while under the influence of alcohol or drugs and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(b)(I), a strict liability crime.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is vehicular assault classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Vehicular assault — reckless driving | class 5 felony | Applies when a person operates or drives a motor vehicle in a reckless manner and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(a). | 18-3-205(1)(c) |
| Vehicular assault — driving while ability impaired | class 5 felony | Applies when a person operates or drives a motor vehicle while impaired by alcohol or drugs and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(b)(I.5). | 18-3-205(1)(c) |
| Vehicular assault — DUI (strict liability) | class 4 felony | Applies when a person operates or drives a motor vehicle while under the influence of alcohol or drugs and this conduct is the proximate cause of serious bodily injury to another, as described in subsection (1)(b)(I), a strict liability crime. | 18-3-205(1)(c) |
Common questions about vehicular assault in Colorado
Is vehicular assault a felony or a misdemeanor in Colorado?
It depends on the circumstances: vehicular assault ranges from a class 5 felony to a class 4 felony in Colorado under C.R.S. § 18-3-205.
Vehicular assault — reckless driving: class 5 felony (C.R.S. § 18-3-205(1)(c)) · Vehicular assault — driving while ability impaired: class 5 felony (C.R.S. § 18-3-205(1)(c)) · Vehicular assault — DUI (strict liability): class 4 felony (C.R.S. § 18-3-205(1)(c))
What are the penalties for vehicular assault in Colorado?
Penalties for vehicular assault in Colorado depend on how it is classified — from a class 5 felony up to a class 4 felony — with the ranges set by C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers vehicular assault?
Vehicular assault is governed by C.R.S. § 18-3-205 (Vehicular assault).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.