Denver DUI Hit & Run Defense Lawyers
When DUI Charges Involve A Hit-And-Run
In Colorado, a DUI-related accident carries heavy legal consequences. For some, the impulse to flee the scene can seem like a quick escape from severe penalties, especially if no injuries have occurred. However, leaving the scene of an accident after consuming alcohol can lead to compounded charges of DUI and hit-and-run, which carry serious repercussions like jail time, fines, and license suspension.
Don’t let a DUI hit-and-run charge jeopardize your future. Reach out to Flesch & Beck Law at (303) 218-9405 for a free consultation with our skilled DUI defense attorneys.
Potential Criminal Charges in a DUI Hit-and-Run
While many cases of DUI arrest occur as a result of an officer pulling over a vehicle, when an accident occurs, the accused may leave the scene before law enforcement officials arrive. In these cases, the accused will likely be facing multiple criminal charges, some of which may include:
- Hit-and-run or leaving the scene of the incident (Colorado law dictates that parties involved in an accident must wait for police to arrive so they can each report the details of the incident.)
- DUI or driving while impaired, based on witness statements and the fact that this is one of the primary reasons that police suspect an individual leaves the scene of an accident
- Vehicular assault, should another individual be injured as a result of the accident
- Vehicular manslaughter, should another be killed as a result of the accident
Duty to Stop After an Accident in Colorado
In Colorado, drivers involved in an accident are legally required to stop and remain at the scene. Under Colorado Revised Statutes § 42-4-1601, leaving the scene of an accident—whether or not it involves injuries—can result in serious criminal charges. This statute mandates that drivers involved in any accident must:
- Immediately stop their vehicle at or near the scene of the accident.
- Provide their name, address, and vehicle registration number to the other party involved.
- Render reasonable assistance to anyone injured in the accident, including arranging for medical care if needed.
Failing to fulfill these obligations can lead to charges of hit-and-run, which may be compounded by additional charges like DUI if the driver was impaired at the time of the incident. Penalties for leaving the scene of an accident can range from fines and community service to jail time, especially if injuries or fatalities occur.
For individuals charged with both DUI and hit-and-run, the consequences are even more severe, with potential for long-term prison sentences, suspension of driving privileges, and a permanent criminal record.
Hit-and-Run Penalties in Colorado
The penalties for a hit-and-run in Colorado vary depending on the severity of the accident and whether there were injuries or fatalities involved. If you’re charged with hit-and-run, the consequences can be severe, especially when combined with DUI charges. Below is an overview of potential penalties under Colorado law:
- Property Damage Only: If the hit-and-run involved only property damage, the charge is typically a misdemeanor. Penalties may include:
- Fines up to $1,000
- Up to one year in jail
- Suspension of your driver’s license
- Injury to Another Person: When a hit-and-run involves bodily injury, it’s classified as a felony. Penalties can include:
- Fines ranging from $1,000 to $100,000
- Prison time ranging from 2 to 12 years
- Mandatory restitution for medical bills and damages
- Permanent revocation of driving privileges
- Serious Bodily Injury or Fatality: In cases where the accident results in serious bodily harm or death, hit-and-run becomes a class 3 felony. The penalties can include:
- Fines up to $750,000
- Prison sentences ranging from 4 to 25 years
- Loss of your driver’s license for life
- Additional penalties in cases involving DUI, including mandatory alcohol education programs and possible civil lawsuits from victims or their families
Combining DUI and Hit-and-Run Charges
If DUI is also involved, the penalties become even more severe. In addition to the above consequences, a DUI conviction can result in:
- Additional prison time
- Higher fines
- Mandatory community service and alcohol treatment programs
- Permanent criminal record
Defenses to DUI Hit-and-Run Charges in Colorado
Being charged with DUI hit-and-run can feel overwhelming, but there are several potential defenses that may help reduce or dismiss your charges. Some common defenses include:
Lack of Intent to Flee: In some cases, the driver may not have realized they were involved in an accident or may have had legitimate reasons to leave the scene, such as seeking immediate medical attention.
Mistaken Identity: The accused may not have been the driver involved in the accident, and there could be a case of mistaken identity based on faulty witness reports or evidence.
No Evidence of DUI: The prosecution must prove that the driver was under the influence at the time of the accident. If the evidence of impairment is weak or unreliable, it could weaken the DUI charge.
Unavoidable Accident: Sometimes, an accident may be unavoidable, and the driver may not be at fault for the crash, which could reduce the severity of the charges.
Violation of Rights: If your rights were violated during the arrest process, like improper collection of evidence or failure to follow protocol, this could lead to a dismissal of charges.
Contact a Hit-and-Run DUI Defense Attorney
If you’re facing DUI hit-and-run charges in Colorado, having a skilled defense attorney is crucial to protecting your rights and minimizing penalties. At Flesch & Beck Law, our experienced Denver DUI attorneys will evaluate your case, challenge evidence, and build a strong defense to achieve the best possible outcome.
Contact us today for a FREE, no-obligations consultation at (303) 218-9405
Frequently Asked Questions
How much jail time can I face for a DUI hit-and-run in Colorado?
The jail time for a DUI hit-and-run in Colorado depends on the severity of the incident. If there are no injuries, you may face up to 1 year in jail. If someone is injured or killed, you could face anywhere from 2 to 25 years in prison, depending on the circumstances.
Can I lose my driver’s license for a DUI hit-and-run?
Yes, a DUI hit-and-run conviction can result in the suspension or revocation of your driver’s license. In cases involving serious injury or death, your license could be revoked permanently.
What are the fines for a DUI hit-and-run in Colorado?
Fines for a DUI hit-and-run can range from $1,000 for property damage cases to up to $750,000 for cases involving serious injury or death. The fines increase significantly when DUI is combined with hit-and-run.
Can I fight DUI hit-and-run charges in Colorado?
Yes, there are several defenses that can be used in DUI hit-and-run cases, including lack of intent to flee, mistaken identity, or insufficient evidence of intoxication. An experienced DUI defense attorney can assess your case and build a strong defense.
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