Colorado criminal charge
Vehicular homicide in Colorado
Vehicular homicide is a criminal offense under Colorado law, defined by C.R.S. § 18-3-106. 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. § 18-3-106.
What is the penalty for vehicular homicide in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2 years to 6 years (Vehicular homicide — reckless driving — Applies when a person operates or drives a motor vehicle in a reckless manner that proximately causes the death of another, under subsection (1)(a).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Vehicular homicide — reckless driving — Applies when a person operates or drives a motor vehicle in a reckless manner that proximately causes the death of another, under subsection (1)(a).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Vehicular homicide — reckless driving — Applies when a person operates or drives a motor vehicle in a reckless manner that proximately causes the death of another, under subsection (1)(a).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Vehicular homicide — driving under the influence — Applies when a person operates or drives a motor vehicle while under the influence of alcohol or drugs (or a combination) and such conduct proximately causes the death of another, under subsection (1)(b)(I), a strict liability crime.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Vehicular homicide — driving under the influence — Applies when a person operates or drives a motor vehicle while under the influence of alcohol or drugs (or a combination) and such conduct proximately causes the death of another, under subsection (1)(b)(I), a strict liability crime.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Vehicular homicide — driving under the influence — Applies when a person operates or drives a motor vehicle while under the influence of alcohol or drugs (or a combination) and such conduct proximately causes the death of another, under subsection (1)(b)(I), a strict liability crime.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Vehicular homicide — driving while ability impaired — Applies when a person operates or drives a motor vehicle while ability impaired by alcohol or drugs (or a combination) and such conduct proximately causes the death of another, under subsection (1)(b)(I.5).) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Vehicular homicide — driving while ability impaired — Applies when a person operates or drives a motor vehicle while ability impaired by alcohol or drugs (or a combination) and such conduct proximately causes the death of another, under subsection (1)(b)(I.5).) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Vehicular homicide — driving while ability impaired — Applies when a person operates or drives a motor vehicle while ability impaired by alcohol or drugs (or a combination) and such conduct proximately causes the death of another, under subsection (1)(b)(I.5).; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2018-07-01.
How is vehicular homicide classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Vehicular homicide — reckless driving | class 4 felony | Applies when a person operates or drives a motor vehicle in a reckless manner that proximately causes the death of another, under subsection (1)(a). | 18-3-106(1)(c) |
| Vehicular homicide — driving under the influence | class 3 felony | Applies when a person operates or drives a motor vehicle while under the influence of alcohol or drugs (or a combination) and such conduct proximately causes the death of another, under subsection (1)(b)(I), a strict liability crime. | 18-3-106(1)(c) |
| Vehicular homicide — driving while ability impaired | class 4 felony | Applies when a person operates or drives a motor vehicle while ability impaired by alcohol or drugs (or a combination) and such conduct proximately causes the death of another, under subsection (1)(b)(I.5). | 18-3-106(1)(c) |
Common questions about vehicular homicide in Colorado
Is vehicular homicide a felony or a misdemeanor in Colorado?
It depends on the circumstances: vehicular homicide ranges from a class 4 felony to a class 3 felony in Colorado under C.R.S. § 18-3-106.
Vehicular homicide — reckless driving: class 4 felony (C.R.S. § 18-3-106(1)(c)) · Vehicular homicide — driving under the influence: class 3 felony (C.R.S. § 18-3-106(1)(c)) · Vehicular homicide — driving while ability impaired: class 4 felony (C.R.S. § 18-3-106(1)(c))
What are the penalties for vehicular homicide in Colorado?
Penalties for vehicular homicide in Colorado depend on how it is classified — from a class 4 felony up to a class 3 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 homicide?
Vehicular homicide is governed by C.R.S. § 18-3-106 (Vehicular homicide).
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.