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Colorado statutes on fatal drunk driving accidents

It is always sad when a motor vehicle accident in Colorado results in a fatality. Often fatal accidents are simply that -- accidents -- and are not necessarily the fault of any one person. However, sometimes one driver is accused of wrongfully causing the accident. These accusations can result in criminal charges if it is believed that the law was violated.

One serious type of criminal charge that could follow a fatal accident is a charge of vehicular homicide, particularly with regards to drunk driving. Per Colorado Revised Statutes 18-3-106, if an individual drives while under the influence of drugs or alcohol, and by doing so, proximately causes the death of a second individual, that individual may be charged with vehicular homicide. This is considered to be a strict liability charge, meaning that the driver need not have intended to kill anyone in order to be charged.

For the purposes of this statute, "driving under the influence" is defined as operating a vehicle after having consumed either alcohol or drugs or both, the effect of which renders the driver substantially incapable of utilizing clear judgment, due care or maintaining physical control of the vehicle. A driver's blood alcohol level can also be used to determine whether the driver was driving under the influence of alcohol.

Being charged with vehicular homicide is a very serious situation, particularly if the charge follows a fatal automobile accident. Those who believe they are being wrongfully charged with a crime such as vehicular homicide may want to seek legal help in crafting a solid defense strategy.

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