What If I Caused An Accident While Drinking and Driving?

If you are involved in a Denver car accident and are cited for drunk driving, it is likely you will be found at-fault in the accident. Being cited in a drunk driving accident involving serious or fatal injuries can have life-long consequences.

The Denver drunk driving accident attorneys at Rosenthal & Heymann believe everyone charged in connection with a drunk driving accident deserves immediate access to high-quality legal representation. If you have been involved in a DUI accident in the Denver area, including Aurora, Boulder, Englewood and Lakewood, contact us today for a free and confidential appointment to discuss your rights.

Being cited for an injury accident can result in a vehicular assault charge, which carries a penalty of up to 6 years in prison. Being found at-fault in a fatal accident, may result in a vehicular homicide charge and a penalty of up to 12 years in prison.

Don’t assume that because you were not charged at the scene that you are off the hook. Authorities frequently spent days or even weeks (and on occasion even months) investigating an accident and determining the extent of a victim’s injuries before filing vehicular assault or homicide charges.

Additionally, being found at-fault in a serious or fatal drunk driving accident leaves you open to enormous civil liability -- a personal injury or wrongful death lawsuit by the victim or their family can be devastating. At Rosenthal & Heymann, our DUI accident lawyers can work closely with our thriving personal injury litigation department to help determine the best course of action to protect yourself from civil liability.

Fighting charges stemming from a drunk driving accident requires a two-prong approach: Contesting a DUI charge and fighting the allegation that you were responsible for the accident. Colorado law requires you be found to have been operating a motor vehicle either recklessly or while under the influence of alcohol or drugs and that your actions be the “proximate cause” of the accident. If the state fails to prove either allegation, you stand a good chance of having the charges against you either reduced or dismissed.

In defending you against the drunk driving charge, our attorneys will thoroughly review your case and may file a Motion to Suppress Evidence. Challenging evidence in a case may include contesting the results of field sobriety tests or the breathalyzer examination, or questioning the conduct or training of officers involved in the investigation or arrest.

Determining fault in the accident is equally critical. In some cases, we may consult with outside experts and perform an independent reconstruction of the accident. Being charged with drunk driving at the scene of an accident often carries enormous weight among investigators at the scene. If an independent review shows you were not at fault or other factors substantially contributed to the accident, you will stand a better chance of defending yourself against a charge of vehicular assault or vehicular homicide.

Make no mistake about it: Being charged in connection with a serious or fatal drunk driving accident is extremely serious. The media and public like long jail sentences. Judges are happy to oblige. Consulting with a veteran Denver DUI Accident Lawyer is critical to protecting your rights, your freedom, your livelihood, and the financial well-being of you and your family.

Rosenthal & Heymann – Call 303-825-2223 – Free Consultation