Legally Reviewed by Shazam Kianpour on August 20, 2026
Vehicular homicide caused by DUI is one of the most serious felony charges in Colorado, classified as a class 3 felony that carries a presumptive sentencing range of four to 12 years in prison, with the possibility of up to 24 years if a judge finds extraordinary aggravating circumstances. Any criminal charge related to driving under the influence of alcohol or drugs is serious, but when a person’s actions behind the wheel result in the death of another person, the case moves into an entirely different category of severity, both in Colorado and in every other state.
At Shazam Kianpour & Associates, we defend clients across the Denver area against vehicular homicide and vehicular assault charges. If you are facing this type of charge, you are in serious trouble and need experienced legal help as soon as possible, since the strict liability nature of this offense makes early, aggressive defense work critical.
How Colorado Law Defines Vehicular Homicide
Vehicular homicide is defined under Colorado law, C.R.S. 18-3-106, as causing the death of another person through the reckless operation of a vehicle. By itself, meaning without the presence of drugs or alcohol, vehicular homicide is a class 4 felony. Add driving under the influence to the equation and the offense becomes a class 3 felony, a significantly more serious charge with a much harsher sentencing range.
If alcohol or drugs play a role in a vehicular homicide, the state has an easier path to a conviction because vehicular homicide involving DUI is a strict liability crime. This means a guilty verdict can be reached even if the defendant had no intent to cause harm, since the law focuses on the act of driving impaired and causing a death, not on whether the outcome was intended.
Sentencing Ranges for Vehicular Homicide by DUI
Colorado’s sentencing structure for this offense includes several tiers:
- Without alcohol or drugs (class 4 felony): Generally carries a presumptive range of two to six years in prison.
- With alcohol or drugs (class 3 felony): Carries a presumptive range of four to 12 years in prison, along with a mandatory parole period of five years upon release.
- Extraordinary aggravating factors: A judge who finds specific aggravating circumstances can sentence a defendant up to 24 years in prison on the class 3 felony charge.
- Fines: Financial penalties for a class 3 felony conviction can range from roughly $3,000 to $750,000, in addition to any prison sentence.
These ranges apply on top of license revocation and other collateral consequences that typically follow any felony DUI-related conviction in Colorado.
How Vehicular Homicide Differs From Vehicular Assault
Vehicular homicide cases in Colorado are treated far more severely than vehicular assault charges. Vehicular assault involves serious bodily injury to another person rather than a death, and it carries its own separate, generally less severe, sentencing structure. Prosecutors will typically pursue whichever charge matches the actual outcome of the incident, and the charge can sometimes change as an investigation develops, particularly if a victim’s condition changes after the initial filing.
Why the Strict Liability Standard Matters for Your Defense
Because vehicular homicide by DUI does not require the prosecution to prove intent, much of the defense strategy in these cases centers on challenging the underlying DUI evidence itself, including whether the traffic stop was lawful, whether field sobriety and chemical tests were properly administered, and whether the state can establish that impairment actually caused the fatal outcome rather than some other factor, such as road conditions or the actions of another driver.
A defense attorney will also closely examine accident reconstruction evidence, toxicology timing, and any gaps in the chain of custody for blood or breath samples. Doing so can increase the chances of a reduced charge or a more favorable resolution, since even strict liability offenses still require the state to prove every element of the charge beyond a reasonable doubt.
What to Do If You Are Facing Vehicular Homicide Charges
Obviously, being convicted of vehicular homicide caused by DUI is one of the most serious matters a person can face in Colorado. Any attorney will urge you to seek legal representation right away. Doing so can improve your ability to challenge the charges or negotiate a reduction, since criminal defense attorneys have access to accident reconstruction experts, toxicology consultants, and other resources they can use to strengthen your case.
Contact our office as soon as possible if you or a loved one is facing a vehicular homicide or vehicular assault charge in the Denver area.
Frequently Asked Questions About Vehicular Homicide by DUI in Colorado
What class of felony is vehicular homicide by DUI in Colorado?
Vehicular homicide involving DUI is a class 3 felony in Colorado, carrying a presumptive sentencing range of four to 12 years in prison, up to 24 years if a judge finds extraordinary aggravating factors, plus five years of mandatory parole.
Does the prosecution have to prove I intended to cause a death?
No. Vehicular homicide involving DUI is a strict liability crime in Colorado, meaning a conviction does not require proof of intent to cause harm. The state must still prove impairment and that it caused the death.
What is the difference between vehicular homicide and vehicular assault?
Vehicular homicide applies when a death results from the incident, while vehicular assault applies when the incident causes serious bodily injury without a death. The two charges carry different sentencing structures under Colorado law.
Can a vehicular homicide charge be reduced?
In some cases, a charge can potentially be reduced depending on the strength of the underlying DUI evidence, whether causation can be firmly established, and other case-specific factors. Every case depends on its own facts.
What defenses exist for vehicular homicide charges involving DUI?
Common defense strategies include challenging the legality of the traffic stop, questioning the accuracy of chemical testing, examining accident reconstruction evidence, and disputing whether impairment was actually the cause of the fatal outcome.
Source: Colorado Revised Statutes, C.R.S. 18-3-106, Vehicular Homicide, accessed Aug. 20, 2026
About the Attorney
Denver Criminal Defense Attorney
Shazam Kianpour has represented clients in more than 10,000 criminal and traffic cases across the Denver area. He is a graduate of California Western School of Law, has been licensed in Colorado since 2004, and holds a Lead Counsel Verification in criminal law covering state felony, misdemeanor, and drunk driving defense.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C. — Over 10,000 criminal and traffic cases handled across Colorado.