Drunk Driving Accident Lawyer Colorado

The civil and criminal cases may involve the same crash, but they answer different questions.

A criminal DUI or DWAI case asks whether the state can prove a criminal or traffic offense. Under C.R.S. 42-4-1301(2)(a), driving with a blood or breath alcohol content of 0.08 or more at the time of driving or within two hours after driving is DUI per se. Colorado also recognizes the lesser offense of driving while ability impaired (DWAI), defined as impairment to the slightest degree: under C.R.S. 42-4-1301(6)(a)(II), a BAC above 0.05 but below 0.08 gives rise to a permissible inference that the driver's ability was impaired. Those enforcement standards help readers understand the criminal context, but the civil claim still needs its own proof.

A civil injury claim asks whether the impaired driver, another driver, a vehicle owner, an employer, a bar, a restaurant, a social host, or another party may be legally responsible for the injured person's losses. The burden, parties, evidence, and remedies are different.

The criminal case can still provide useful evidence. Police observations, field sobriety information, chemical testing, body camera footage, witness statements, crash reports, and plea records may all matter. But a civil lawyer should not wait passively for the criminal case if evidence needs to be preserved now.

CGH has a related resource on what happens when you get hit by a drunk driver in Denver, along with broader guidance on what to do after a Colorado car accident.

No. A DUI arrest, charge, or conviction can be powerful evidence, but it does not automatically decide every civil issue. A civil claim still has to address duty, breach, causation, damages, insurance coverage, and any comparative negligence arguments.

That does not make impairment irrelevant. Evidence that a driver was impaired may support the claim that the driver acted unreasonably. It may also affect settlement posture, litigation strategy, and whether exemplary damages should be reviewed. But the legal team still has to connect the evidence to the crash and the losses.

Colorado comparative negligence can also come up. An insurer may claim that the injured person was speeding, failed to avoid the crash, was distracted, rode with an impaired driver, or contributed in another way. Those arguments are fact-dependent. CGH explains Colorado's rule in its comparative negligence resource.

Because early statements can be used later, do not guess about speed, distance, timing, or fault when talking to an adjuster. If the other side asks for a recorded statement, ask for legal review first.

Dram-shop issues involve potential civil liability for alcohol vendors or social hosts under narrow Colorado rules. Colorado's dram shop statute, C.R.S. 44-3-801, allows an injured person to pursue a licensed vendor that willfully and knowingly served alcohol to a visibly intoxicated patron, or to anyone under 21, who then caused the harm. Exact statutory language matters in this area, so the facts of any potential dram-shop claim need attorney review.

The important point is caution. A bar, restaurant, or host is not automatically liable because a drunk driver later caused a crash. The law has specific conditions, limits, and definitions. Evidence can include receipts, video, witness accounts, event records, payment records, social media posts, and police investigation materials.

Dram-shop review may be worth asking about when the driver left a bar, restaurant, event, party, or commercial alcohol service location shortly before the crash. It may also matter when the driver was underage. The attorney's job is to test whether the facts fit the statute without overclaiming.

CGH has a related background page on dram shop liability after an accident. Use that as general context, then ask for case-specific review before relying on any public summary.

CGH starts by separating the criminal case from the civil claim. The team reviews the crash facts, report status, injury timeline, medical care, insurance policies, available video, witness information, and any statements already given.

From there, CGH may review whether evidence needs to be preserved, whether UM or UIM coverage is available, whether a commercial policy may apply, whether dram-shop investigation is warranted, and whether comparative negligence arguments are likely.

CGH gives clients one team for case review, evidence gathering, demand preparation, negotiation, and litigation decisions. If you are still in the early days after the crash, the most important step may be to avoid giving a recorded statement or signing a release before the case is reviewed.

CGH Injury Lawyers can review the crash facts, criminal-case evidence, civil claim issues, insurance coverage, and possible dram-shop or exemplary damages questions. Call (303) 209-9395 or use the contact form to ask for a case review.

This article is general information, not legal advice. Reading it does not create an attorney-client relationship. CGH Injury Lawyers handles civil personal injury claims, not criminal defense. Talk with a Colorado attorney about how the law applies to your specific situation.