Fort Collins DUI Accident Defense Lawyers
Former Prosecutors Defending You in DUI Crash Charges in Colorado
A motor vehicle collision is frightening under any circumstances, but when law enforcement officers suspect alcohol or drugs played a role, the legal stakes escalate dramatically.
A standard traffic collision investigation transforms immediately into a high-priority criminal prosecution. Whether the incident involved a minor fender bender, severe property damage, or serious physical injuries, facing a DUI charge involving an accident puts your freedom, driving privileges, and long-term reputation on the line.
Roselle & Breitigam, P.C. provides impressive criminal defense representation for drivers facing DUI, DWAI, or drug-impaired driving allegations connected to traffic accidents across Fort Collins and Colorado.
Our firm brings over 35 years of experience to your case; we understand how police officers write accident reports, how prosecutors evaluate fault, and how state crash reconstructionists build their cases.
Our attorneys are former prosecutors who bring advantageous insight to protecting your constitutional rights and mounting an aggressive defense.
Schedule a free initial in-office or virtual consultation with a Fort Collins DUI accident defense attorney by contacting us online or at (970) 238-7900.
Our Defense Representation in DUI Accident Cases
Defending an impaired driving charge complicated by a collision requires evaluating both the criminal allegations and the crash's physical mechanics. We approach these cases with a comprehensive, defense-driven evaluation:
- Separating chemical impairment from crash fault - Simply having alcohol or drugs in your system does not automatically make you at fault for a collision. We investigate alternative causes, such as the other driver's actions, hazardous weather conditions, road surface defects, mechanical failures, or sudden traffic shifts.
- Auditing mandatory and non-consensual blood draws - In crashes involving serious bodily injury or death, law enforcement officers often seek search warrants for blood samples or execute non-consensual blood draws. We analyze warrant affidavits, draw protocols, medical records, and crime lab testing procedures to verify whether your Fourth Amendment rights were respected.
- Independent accident reconstruction - We review electronic crash data retrievals (vehicle "black box" logs), physical skid marks, vehicle impact points, and witness accounts to challenge police conclusions regarding speed, braking, and point of impact.
- Challenging post-accident sobriety testing - Field sobriety tests administered at an accident scene are notoriously unreliable. Physical shock, head trauma, deployment of airbags, inner ear disruptions, or physical pain from an impact frequently mimic signs of impairment. We highlight these medical factors to undermine subjective police observations.
- Protecting driving privileges - An arrest for a DUI involving an accident triggers administrative action on your driver's license through the Colorado Department of Revenue. You have strictly seven days from your arrest or breath test to file for a DMV Express Consent hearing. We take immediate action to protect your driving status.
Criminal Offenses Arising from DUI Accidents in Colorado
Depending on the severity of property damage or physical injuries resulting from a collision, prosecutors in Colorado can bring severe misdemeanor or felony charges.
Aggravated DUI / DWAI with Property Damage
Even if no injuries occur, getting into a motor vehicle collision with a blood alcohol content (BAC) above legal limits leads to enhanced sentencing scrutiny. Judges and District Attorneys view collisions as aggravating factors during sentencing, which can lead to extended probation terms, higher community service hours, and increased jail exposure.
Vehicular Assault
Under (C.R.S. § 18-3-205), if an individual operates a motor vehicle while under the influence of alcohol, drugs, or a combination of both, and that conduct is the proximate cause of serious bodily injury to another person, the driver faces vehicular assault.
- Classification: Class 4 felony
- Potential penalties: Two to six years in the Colorado Department of Corrections (DOC) and mandatory parole periods, along with substantial fines.
Hear From Our Happy Clients
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“Thank you to Will, Jerry, Brittany and Darla for everything you did for us.”- Diane S.
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“Will and his team were entirely professional, timely, informative and instilled confidence without leading us down any rabbit holes during our legal battles.”- Julie D.
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“My case was solved quickly, his office was helpful, responsive and caring while I was going though a very hard time. Rosselle and Breitigam went above and beyond to make sure the case was resolved.”- Annie J.
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“We were grateful for the time and attention spent on our case. They were always very helpful and knowledgeable.”- April A.
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“With Will’s persistence in talking with the District Attorney, my case was dropped. I am very appreciative of the results Will was able to provide for me.”- Gary M.
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“After a short discussion, I decided to work with Mr. Breitigam with no regrets. His proactive approach and continuous communication throughout the process was impeccable.”- Steve R.
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“Many thanks to Will and Brittany.”- Danielle
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“There are not two more knowledgeable or helpful attorneys in the northern Colorado area. Their combined experience with the Larimer County court system and ancillary departments is unparalleled.”- Arr E.
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“William defended me brilliantly and ensured that justice was fair. I cannot thank him enough.”- Noah