One of the reasons that Colorado can be such an attractive place to visit and live isn’t just about the natural splendor and outdoor activities. Colorado lays claim to over 432 breweries and 520 legal cannabis dispensaries, as well as thousands of bars. Unfortunately, having a good time can quickly turn fatal if someone leaves one of these locations and decides to get behind the wheel after becoming inebriated.
If you are facing the aftermath of a Denver DUI-related accident, we want to say that we are so sorry for what you are experiencing.
At Dulin McQuinn Young, we know what it takes to bring justice in a DUI case. Our Denver auto accident lawyers will ensure you get the compensation you deserve for your injuries and losses.
Contact us today for a free, no-obligation Denver DUI accident consultation and case review.
What Is A DUI?
A DUI is a criminal traffic offense for driving while under the influence of drugs and alcohol. In all states, if individuals drive while having exceeded the set blood alcohol content (BAC) limit and/or are under the influence of drugs, they will be charged with a DUI if caught.
In Colorado, there are two tiers of charges for when someone is driving while inebriated.
- Driving While Ability Impaired (DWAI): a DWAI is when an individual is found to be driving with a BAC of 0.05 to 0.08. This individual would be considered impaired “to the slightest degree so that the person is less able to drive.”
- Driving Under the Influence (DUI): a DUI is when an individual operates a motor vehicle with a BAC content of 0.08 or more or a blood content of five nanograms or more THC per milliliter of blood.
In every state except Utah, the BAC of a variant of a DUI charge is 0.08. Colorado is no different.
When Should I Contact a Lawyer?
If you were injured by a drunk driver, you should contact a lawyer immediately. A personal injury lawyer can work with prosecutors and law enforcement to gather evidence to establish the drunk driver caused the crash. Getting a lawyer involved early in the process can help preserve evidence before it is lost or destroyed. Additionally, a lawyer can advocate on your behalf in the criminal case, such as advising you to push for penalties that acknowledge your pain and suffering or fighting against a reduction in the criminal’s penalties. While the prosecutor ultimately will have the power to decide how to handle the case, having a lawyer on your side can give you personalized attention and alert the prosecution of the real-world effects the driver’s criminal actions had on your life.
How Our Personal Injury Attorneys Can Help
If you were injured in a drunk driving accident, you likely will have many complications added to your life. You’ll need to coordinate your medical care and your eventual return to work. Bills may be piling up, and you can be facing considerable stress of not knowing how to manage these unexpected expenses caused by someone else’s bad decision to drink and drive.
An experienced personal injury attorney can advocate for you, seeking the justice and financial accountability you deserve after a drunk driving crash. A drunk driving lawyer can help by:
- Investigating the crash and identifying all parties at fault for your injuries, including bars or restaurants that overserved the driver
- Gathering compelling evidence to prove your damages were caused by a drunk driver
- Documenting the short- and long-term impact of your injuries
- Reviewing your auto insurance policy for coverage, such as uninsured motorist coverage
- Handling communication with insurance companies and handling the administrative workload of your case
- Negotiating for maximum compensation available for your claim
Learn more about how our skilled personal injury attorneys can help when you call for your free case review.
Why Would I Bring A Civil Case If There’s Already A Criminal Proceeding For My DUI-Related Accident in Denver?
The criminal proceeding potentially facing the perpetrator of the DUI-related accident will seek to punish the individual for their wrongdoing. While this is satisfying and the correct conclusion of the criminal justice system in America, it does very little to make the wronged party and their family whole again.
Individuals can be facing a litany of medical bills, lost wages, disability-related costs, and, in a worst-case scenario, funeral expenses due to an individual’s decision to get behind the wheel while intoxicated.
Therefore, the victim or their family may bring legal action against the perpetrator to recover some of these damages. Additionally, individuals may choose to bring suit against an organization or group of people who overserved the driver under Colorado’s dram shop laws.
What Damages Can I Recover from a Civil Drunk Driving Case?
Drunk driving tends to cause serious injuries because impaired drivers have difficulty maintaining consistent speeds and have delayed reactions, causing many crashes to occur at higher speeds. If you were injured in this type of accident, you may be able to recover compensation for your economic and non-economic damages, including:
- Past, current, and future medical expenses related to your accident injuries
- Lost wages and reduced earning capacity
- Costs to repair or replace your vehicle
- Disability-related expenses, such as costs to modify your home or vehicle to accommodate your disabilities
- Pain and suffering
- Emotional distress
- Reduced quality of life
Additionally, you may be able to recover punitive damages. These damages are rare, but they are reserved for cases that involve intentional, reckless, or egregious behavior in which the court wants to punish the wrongdoer and deter similar conduct in the future. Drunk driving cases may qualify.
Dram Shop Laws In Colorado
A victim of a drunk driving accident or their family can also file a lawsuit against an organization that provides or serves alcohol if certain conditions are met.
Here are the specific conditions that contribute to Colorado’s dram shop laws under CRS 12-47-801:
- The individual who was charged with the DUI was visibly and noticeably intoxicated and/or
- The individual was under 21 and was served anyway
If either of these conditions is met, a victim or their family could be eligible to hold the business liable for the injury or death of those involved in this accident.
Statute Of Limitations In DUI Accident Cases in Denver
Because the DUI involves a motor vehicle in Colorado, victims, and their families have three years to file a case.
Our team of Denver drunk driving accident lawyers always recommends DUI accident victims not delay when assembling their vehicle accident cases. If you delay too long, evidence of what happened may be lost or destroyed, making it much more difficult to win your case.
Dulin McQuinn Young Is Tough On Drunk And Intoxicated Drivers
We think it’s unacceptable for individuals to be driving impaired and risking other Coloradans’ lives in pedestrian accidents, car accidents, and bicycle accidents. With the many options out there to get a ride, there’s no excuse for someone driving drunk or high.
That’s why in DUI cases, we always make it our priority to recover the maximum possible compensation possible to offset some of the pain and suffering you may have experienced. With winning millions in successful verdicts and settlements for clients, we’re confident we can do the same for your Denver DUI case.
The team of experienced Denver personal injury lawyers at Dulin McQuinn Young understands the complexities of DUI cases and can provide you with the legal advice and representation you need. Our legal team will work hard to ensure that your case gets the attention it deserves and that all your rights are protected. And we’re ready to get to work.
Contact our Denver drunk driving accident attorneys today to request your free, no-obligation DUI accident case review.