Call Us!Drunk Driving Accident Lawyers
Drunk driving in Colorado is a serious crime. An intoxicated driver can face criminal consequences like jail time, fines, and probation, and if they cause an accident, they can also be sued in civil court for damages.
At Bachus & Schanker, our team relies on decades of experience to help injured victims throughout the state. We have recovered billions in settlements and jury awards for our clients, and with our drunk driving accident lawyers by your side, you have a chance to recover the compensation you deserve, too. Here’s what you need to know.
What Is Drunk Driving in Colorado?
The intoxication levels do not differ much between being “buzzed” or drunk. Both states of mind mean that a person consumes alcohol to the point that their mental faculties become impaired.
Getting in a motor vehicle and driving after drinking alcohol constitutes driving under the influence (DUI). Ingesting drugs and driving is a drugged driving DUI. Colorado takes DUI drivers seriously by imposing strict penalties for first-time and repeat offenders.
Driving while intoxicated can be proven by blood-alcohol levels.
- Driving while ability impaired (DWAI): A DUI is when a person has a blood-alcohol concentration (BAC) of .08 or higher. That is the legal limit set forth by Colorado laws. However, if a person is found to have a BAC between .05 and .08, the law states it is a chargeable offense of driving while ability impaired or DWAI.
- Underage driving and driving (UDD): Drivers under the age of 21 found to have a BAC between .02 and .05 can be charged with underage driving and drinking or UDD.
- Driving while under the influence (DUI): Motorists driving a commercial vehicle found to have a BAC of .04 are charged with a DUI.
- Persistent drunk driver (PDD): Any motorist in Colorado found to have a BAC of .17 or higher is not only charged with a DUI but also labeled as a persistent drunk driver or PDD, even if a first-time offender.
If you’re in a drunk driving accident, it’s essential to contact emergency services as quickly as possible. They can send police officers and emergency medical help to the scene, which is essential. You’ll want to receive medical care immediately to protect your health and establish a clear record of the losses you sustained.
It’s important to gather evidence from the site, as well. If you can, take photos and videos of your injuries, the state of the vehicles, and even road conditions. All of this can help your claim later on. As soon as you’re able, make sure to contact a drunk driving accident lawyer from our team to assist you.
How Many Drinks Does It Take To Reach a .08 BAC?
Colorado DUI law states an alcoholic drink is considered to be:
- 1.5 ounces of hard liquor
- One 12-ounce glass of beer
- One 5-ounce glass of wine
On average, it takes between two to four drinks for a person to become legally drunk. People react differently to alcohol; some become drunk with much less than a drink. You may never know how much a person drank until they are tested with a breathalyzer after a crash caused by reckless DUI behavior.
What Are the Statistics for Drunk Driving in Colorado?
Unfortunately, drunk driving statistics are rising in the state of Colorado. Consider these numbers for 2024:
- One in every three traffic deaths in Colorado involved a drunk driver.
- 215 people died as a result of drunk driving.
- 16,220 DUI cases were filed.
Despite efforts by Colorado authorities to ramp up safety campaigns to bring awareness to the problem and prevent such occurrences from happening, the risk of highway accidents increases with more impaired drivers on the road.
These statistics show just how dangerous drunk driving is across the state. Your lawyer may leverage information like this to advocate for your rights.
When To Call a Drunk Driving Accident Lawyer
Should you find yourself in an accident caused by a careless drunk driver, you’ll need the experience of a trusted car accident lawyer by your side. The question may arise, “Do I need a drunk driving accident lawyer?” The answer is yes.
You will want to hire a lawyer with experience in drunk driving cases if you:
- Suffered a severe injury.
- Are unable to return to work and have lost income.
- Have mounting medical expenses.
- Have insurance that won’t cover all of your costs.
Often, insurance companies will lowball you on an initial settlement offer, but you might not be aware that an attorney can get you more than they offer.
These reasons and more are the starting point on why you need a drunk driving accident lawyer with decades of statewide experience. That is exactly what our team at Bachus & Schanker offers.
Proving a Drunk Driving Case in Colorado
The burden of proof is on the victim to demonstrate through collected evidence that caused the drunk driving accident. The person charged with a DUI is not required to prove anything. Therefore, the person filing the lawsuit (plaintiff) has the right to sue a person (defendant) for monetary compensation, including economic and non-economic damages.
The evidence surrounding the car accident must be gathered and preserved. You don’t have to personally collect all this information as it can be pretty complex and challenging.
We can gather the following facts:
- Police report: Police reports will show if the accused was charged with a DUI and what the accident scene entails.
- Medical records: They show the severity of your injuries.
- BAC test results: They are criminal evidence and need to be presented in the case.
- Evidence from the prosecutor’s office: Evidence from the prosecutor’s office comes from the criminal case tried in court. This type of evidence can greatly help a civil case when proving negligence in a drunk driving case.
- Drunk driving conviction: A drunk driving conviction in a criminal court case will prevent an insurance company for the defendant from stating the charges were exaggerated or false because the conviction stands as fact.
Why Should You Bring a Drunk Driving Civil Claim?
It’s the law to exercise your rights after a drunk driver wrongfully injured you. Bringing a civil claim can serve justice to those who were hurt and can be a way for you to recover a monetary settlement to ensure your family’s financial future. Don’t let a car accident wreck your life permanently when you can let us handle the case for your benefit.
How Criminal DUI Charges Affect Your Claim
When a person is arrested on DUI charges in Colorado, they have a right to a trial in criminal court. The trial can last six months or more to reach a jury conclusion on whether the defendant is guilty. If the defendant goes this route, it can deplete their money to fight the case.
Still, a person who wants to bring a claim against the defendant does not have to wait to file the civil case until the criminal case is finished. A guilty verdict in a criminal case can help strengthen your case; however, it’s better to file sooner rather than later to avoid missing the statute of limitations.
Who Can I Sue for a Drunk Driving Accident?
An attorney experienced in handling drunk driving accidents can advise you of all the factors of filing a personal injury lawsuit. Three elements of who can be sued are as follows:
- The driver of the other car, or the accused, who was charged with a DUI.
- Insurance company of the other driver.
- Over-serving establishments could be the bar or restaurant that over-served alcohol to the accused driver.
The meaning of dram comes from old-fashioned establishments that served patrons a “dram” of liquor. In modern times, Colorado adopted dram shop laws. These laws hold businesses liable if they serve too many alcoholic drinks to people who get drunk and cause injuries.
In many such cases, there are multiple liable parties, which is another reason to hire representation. With our help, it’s easier to identify everyone who may be responsible for your losses.
Why Choose Our Denver Drunk Driving Accident Lawyers?
Choose Bachus & Schanker because we have decades of experience and knowledge in winning drunk driving accident cases.
We have:
- A record of over $1 billion won in damages for our clients.
- Years of local experience.
- A Victim’s Advocate team ready to offer support.
- A team of Denver drunk driving lawyers charging no fees unless you win.
- A history of working closely with Mothers Against Drunk Driving (MADD), who provide assistance to the victims of drunk drivers.
Colorado is one of four states that provides resources to victims of traffic crimes. When you are a victim and meet the criteria, you are entitled to extra compensation of up to $30,000. Ask us how this program works when you call 303-222-2222.
You can also schedule a visit to our Denver office if you prefer. Additionally, we are unique in that we have initiated a group of professionals known as Victim’s Advocates to help people after a catastrophic injury or a wrongful death of a loved one.
Call us today for a free consultation. We will help you seek justice for the harm you have suffered at the hands of a drunk driver.
Legal Support Across Colorado and Nationwide
Serving Clients Nationwide
Drunk Driving Accidents Legal Reviews
Related Car Accident Resources
#1 Amazon Best Seller in the Legal Industry
Attorney Kyle Bachus knows first-hand how difficult it can be to suddenly lose a loved one in an accident. It’s also devastating when you or a family member suffers severe injuries that forever change your lives. Kyle wrote this book as a resource from his personal experience for families who have suffered a traumatic loss.
A Spanish edition of the book is also available, offering the same support and guidance to Spanish-speaking families.
You Deserve Fair Compensation
Don’t let the insurance companies intimidate you into accepting less than you deserve. We’re ready to fight for you.