Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.
Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
According to numbers compiled by the Colorado State Police, over one-third of the state’s driving fatalities in 2017 were the result of impaired driving.
Despite strict laws against driving while under the influence of any intoxicating substance, drunk and impaired drivers still get behind the wheel every day, endangering their own lives and the lives of all those they encounter.
If you were in a collision with a drunk driver, you should reach out to an attorney.
A Colorado Springs DUI accident lawyer could help you hold the reckless party accountable.
Colorado law creates two categories of impaired driving.
A person with a blood alcohol content of .08% or higher can be convicted of Driving Under the Influence and face a jail sentence on up to one year, a fine of up to $1,000, and a nine-month suspension of their driver’s license.
A blood alcohol content between .05% and .08% can lead to a conviction of Driving While Ability Impaired, which carries a jail sentence of up to 180 days and a fine of up to $500.
The police may impose additional penalties upon drivers who refuse blood tests after a lawful stop.
In addition to these criminal penalties, intoxicated drivers who injure or kill others may be charged with criminal assault or homicide.
A Colorado Springs attorney could review a drunk driving case and determine if the negligent party violated DUI laws.
In addition to the criminal penalties for driving while intoxicated, an intoxicated driver who causes an accident can face civil liability for any injuries or property damage resulting from the accident.
Making a case for civil liability for personal injury or property damage involves two steps: First, it must be established that the responsible party was negligent.
Negligence exists when someone owes a duty of care to others and breaches that duty.
When operating a vehicle on public roads and highways, all drivers owe a duty to other drivers, passengers, and any other parties whom they might reasonably expect to be harmed by their negligent or intentional actions.
Any intentional or careless act that causes injury to any of those parties is a breach of that duty and can result in civil liability.
After a car accident, all drivers involved in the incident are tested for the presence of alcohol, THC, illegal drugs, and even prescription medications.
Evidence of blood alcohol levels above the limits for DUI and DWAI convictions will go a long way toward establishing fault in an accident case, as it is presumed that driving while impaired is a negligent act.
The presence of THC above the legal limit, the presence of any illegal substance, and the presence of mind-altering prescription medications may be evidence that a driver was impaired at the time of the accident.
Evidence of impairment alone, however, does not necessarily establish civil liability.
Once it is determined that a driver was operating a vehicle while under the influence of drugs or alcohol, it must be established that the impairment was a direct cause of the accident.
Do not assume that your case will be simple just because a driver was found to be impaired.
Even an impaired driver may try to show that other factors caused the accident.
The impaired driver might argue that another driver was speeding or texting and that those behaviors contributed to the accident.
Allegations that you were also partially at fault for an accident could lead to a reduction in your final settlement or award.
This is known as the doctrine of comparative negligence.
Insurance companies may use this information to convince you to accept a much lower settlement than you deserve.
Make sure you have an experienced accident lawyer on your side before talking to an insurance adjustor.
The drunk driving accident attorneys at Springs Law Group in Colorado Springs are tough negotiators and are not afraid to go to court if necessary.
Insurance companies and their attorneys know this, and that helps us get the best results for our clients with the least hassles.
The state of Colorado treats marijuana the same as alcohol in DUI cases.
Smoking in a vehicle or in a public place is prohibited, and possession of marijuana in a vehicle is prohibited the same way in which open containers of alcohol are prohibited.
A level of five nanograms or more of THC in the blood will lead to a conviction for DUI, with the same penalties as those for driving with a BAC of .08% or more.
Since marijuana stays in the blood longer than alcohol and is metabolized differently, the question of impairment can be more difficult in a marijuana-related accident case than in an alcohol-related case.
A driver in a civil case may be able to introduce evidence that he was not impaired, even with a positive blood test for over 5 nanograms of THC.
However, other evidence may be used to show that the driver was impaired at the time of an accident.
Witnesses may have observed the driver behaving erratically.
Facebook or Instagram posts may have shown the driver smoking before he got in the car.
Field sobriety tests conducted by the investigating officer at the scene can show impairment.
Since the standard of proof for civil cases is lower than for criminal cases, it is not necessary to find a driver guilty of DUI or DWAI in order to prove that he was impaired in a civil action.
The presence of alcohol, THC, or any other intoxicating substance, including prescription medications, together with evidence that the driver’s ability to operate a vehicle at the time of the accident was impaired, can overcome the first hurdle in establishing liability.
In an accident case in which fault may be an issue, especially when comparative negligence may be alleged, it is important to talk to an attorney with the specialized knowledge and expertise that a DUI/DWAI case requires.
A Colorado Springs DUI accident lawyer could help you build your case.
You will find the experience you need with Springs Law Group.
Partner
Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.
The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.
Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.
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I was uneasy about reaching out to a law firm after being in an accident that left me injured and my vehicle totaled. I don’t care for the idea of suing for what was very clearly an accident. However, after learning more about the overall process of working with a professional team to navigate the murky waters of the insurance world, I was pleasantly surprised to find that the experience wasn’t as gross as I’d originally felt about it.
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The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
