Helping Victims of Drunk Driving Accidents in Colorado
Drunk driving is a serious problem in Colorado and across the United States. In fact, according to the National Highway Traffic Safety Administration (NHTSA), someone is injured in a drunk driving accident every two minutes in the U.S.
At Boesen Law, our Denver car accident lawyer is dedicated to helping victims of these preventable accidents recover the compensation they are owed. We understand the physical, emotional, and financial tolls these accidents can have on victims and their families, and we are prepared to fight for the maximum compensation you are owed.
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
Colorado Drunk Driving Laws
Colorado, like all other states, has laws in place that make it illegal to operate a motor vehicle while under the influence of alcohol or drugs. These laws are in place to protect the public and to hold drunk drivers accountable for their actions.
Intoxication Levels in Colorado DUI Accidents
Motorists may face different criminal charges for driving under the influence of alcohol or drugs, depending on the type of vehicle they are operating, their level of intoxication, and their age. The charges based on blood alcohol concentration (BAC) are as follows:
- Drivers under the age of 21 with a BAC between 0.02 and 0.05 can be charged with Underage Drinking and Driving (UDD).
- Drivers of commercial vehicles with a BAC of 0.04 or higher can be charged with Driving Under the Influence (DUI).
- Drivers with a BAC between 0.05 and 0.08 can be charged with Driving While Ability Impaired (DWAI).
- Drivers with a BAC of 0.08 or higher can be charged with DUI.
- Drivers with a BAC of 0.17 or higher can be charged with DUI and designated as Persistent Drunk Driver (PDD), which subjects them to the penalties typically reserved for repeat DUI offenders, even if it is their first offense.
In the context of marijuana, Colorado law allows for the prosecution of drivers with five nanograms or more of active tetrahydrocannabinol (THC) in their blood under Driving Under the Influence of Drugs (DUID) charges. However, any detectable level of drugs in a driver’s system can also lead to DUID charges.
Is Drunk Driving Considered a Felony in Colorado?
In Colorado, driving under the influence (DUI) is typically treated as a misdemeanor offense. However, it escalates to a class 4 felony under specific circumstances. If a driver has three or more prior convictions for offenses such as DUI, DUI per se, driving while ability impaired (DWAI), vehicular homicide, or vehicular assault—each stemming from separate criminal incidents—the subsequent DUI offense is classified as a felony. This highlights Colorado’s stringent approach to repeat DUI violations, emphasizing the serious legal consequences for habitual offenders and the importance of safe driving practices to avoid endangering lives.
How Do I Report a Drunk Driver in Denver?
If you notice someone driving erratically and suspect they may be under the influence, it’s essential to report it to authorities to prevent potential harm. In Denver, you can call 911 to report a drunk driver or dial *CSP (*277) to reach the Colorado State Patrol. When you make the call, provide the dispatcher with specific details, including the exact location of the vehicle (road, direction, and landmarks), a description of the vehicle (make, model, color, and license plate if possible), and how the driver is behaving on the road. Avoid following or attempting to stop the vehicle yourself, as this could put you in danger. Reporting drunk drivers is quick, free, and could save multiple lives by preventing a serious accident.
Will You Lose Your License for a DUI in Colorado?
In Colorado, a DUI conviction can lead to the suspension of your driver’s license. For a first-time offense, the suspension period is typically nine months, while a second DUI offense results in a one-year suspension. These penalties are designed to deter impaired driving and emphasize the importance of making responsible decisions on the road. Losing your license can significantly impact your daily life, so it’s essential to understand the legal consequences and avoid driving under the influence.
What to Do After a Drunk Driving Accident in Denver
After a drunk driving accident, it is important to take the right steps to protect your health and your right to recover compensation. Here are some steps to take after a drunk driving accident:
- Call 911: If you are able, call 911 to report the accident and request an ambulance. The police will also respond to the scene and will conduct an investigation.
- Seek Medical Attention: Even if you do not think you were seriously injured, it is important to seek medical attention after a car accident. Some injuries, such as traumatic brain injuries and internal bleeding, may not be immediately apparent. A doctor will be able to diagnose and treat these injuries before they become life-threatening.
- Document the Accident: If you are able, take pictures of the accident scene, including the damage to your vehicle and the other driver’s vehicle. You should also take pictures of any visible injuries you have. If there were any witnesses to the accident, ask for their contact information.
- Do Not Admit Fault: After a car accident, it is important to be careful about what you say. Do not apologize to the other driver or admit fault in any way. Even if you think you may have been partially at fault, you may not have all the facts. It is best to let the police and your attorney determine who was at fault for the accident.
- Do Not Talk to the Insurance Company: After a car accident, the other driver’s insurance company will likely contact you to get a statement. It is best to avoid speaking to the insurance company until you have spoken to an attorney. The insurance company may try to get you to say something that can be used to deny your claim.
- Contact an Attorney: After a car accident, it is important to contact an attorney as soon as possible. An attorney will be able to help you navigate the claims process and will fight to protect your rights every step of the way.
Injuries Resulting from Drunk Driving Accidents
What Compensation Can I Recover After a Drunk Driving Accident?
After a car accident, you may be entitled to recover compensation for your medical expenses, lost wages, pain and suffering, and more. In some cases, you may also be entitled to recover punitive damages.
Here are some types of compensation you may be entitled to recover after a drunk driving accident:
- Medical Expenses: You may be entitled to recover compensation for all medical expenses related to the accident, including the cost of emergency room care, hospital stays, surgeries, medications, and more. If you will require ongoing medical care, you may also be entitled to recover compensation for the estimated cost of this care.
- Lost Wages: If you are unable to work while you recover from your injuries, you may be entitled to recover compensation for your lost wages. If you are unable to return to work, you may also be entitled to recover compensation for your lost earning capacity.
- Pain and Suffering: You may be entitled to recover compensation for the physical pain and emotional suffering you endured as a result of the accident and your injuries.
- Property Damage: You may be entitled to recover compensation for the cost of repairing or replacing your vehicle and any other personal property that was damaged in the accident.
How Long Do I Have to File a Drunk Driving Accident Lawsuit?
In Colorado, you have three years from the date of the accident to file a personal injury lawsuit. If you fail to file a lawsuit within this time frame, you will likely be barred from recovering any compensation for your injuries.
While three years may seem like a long time, it is important to contact an attorney as soon as possible after a drunk driving accident. A Denver injury attorney will need time to investigate the accident and gather evidence to support your claim. Additionally, the longer you wait to contact an attorney, the more likely it is that evidence will be lost or destroyed.
Pursuing a Wrongful Death Claim After a Drunk Driving Fatality
When a drunk driver causes a fatal accident, the surviving family members have the right to file a wrongful death claim against the responsible party. Typically, the claim is filed by the deceased’s spouse or dependents. This civil lawsuit seeks compensation for the profound loss suffered by the family. Although no amount of money can replace a lost loved one, holding the drunk driver accountable is essential.
The death of a loved one can lead to significant financial hardships, including the loss of income, guidance, and companionship. Additionally, the family may face expenses related to the funeral, burial, and medical care received before the victim’s passing. While criminal charges may be pursued against the drunk driver, the outcome is not always certain. Regardless of the criminal case, the family can still pursue a civil lawsuit to seek justice and financial compensation for their loss.
How Our Denver Drunk Driving Accident Lawyers Can Help
After a drunk driving accident, you may be entitled to recover compensation for your injuries. However, the insurance company will likely do everything in its power to deny your claim or to pay you as little as possible. That is why it is so important to have an experienced drunk-driving accident attorney on your side.
At Boesen Law, our Denver drunk driving accident lawyers can help you by:
- Investigating the Accident
- Calculating the Full Extent of Your Damages
- Negotiating with the Insurance Company
- Filing a Lawsuit
- Representing You in Court
Call Our Denver Drunk Driving Accident Lawyer Today
At Boesen Law, our Denver drunk driving accident attorneys are dedicated to helping victims of these preventable accidents recover the compensation they are owed. We know the tactics the insurance company will use to try to get you to settle for less than you are owed, and we will not let them take advantage of you.
Our Law Office
5675 DTC Blvd., Suite 250, Greenwood Village, CO 80111
Phone: 303-999-9999
Reach out to our law firm for a no-cost, no-obligation consultation today. Call our personal injury lawyers in the state of Colorado at (303) 999-9999 or contact us online.
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