Habitual Traffic Offender in Colorado: License Revocation, Penalties, and Defenses

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Three traffic convictions can cost you your driver’s license for five years in Colorado. And those convictions do not all have to be for DUI. A combination of reckless driving, driving under restraint, and other qualifying offenses can be enough.

Colorado calls this a habitual traffic offender designation, commonly shortened to HTO.

If the Colorado DMV designates you a habitual traffic offender, your license is generally revoked for five years. If you drive while that revocation remains in effect, you can face a separate criminal charge called Driving After Revocation Prohibited, or DARP.

That charge carries serious penalties, including mandatory sentencing provisions that can involve jail or a substantial fine.

I’m Josh McDowell, a former Colorado Springs prosecutor who has defended criminal and traffic cases since 2007. One thing I regularly explain to clients is that the consequences of a traffic conviction can extend well beyond the sentence imposed by the court.

Before you plead guilty to another traffic offense, you need to understand what that conviction will do to your driving record.

Below, I’ll explain how Colorado’s habitual traffic offender law works, which convictions count, the penalties for driving after revocation, and the defenses that may be available.

What Is a Habitual Traffic Offender in Colorado?

Under C.R.S. § 42-2-202, Colorado can designate someone a habitual traffic offender based on repeated traffic convictions.

There are two ways to qualify:

1. Three or more qualifying convictions arising from separate acts committed within seven years.

2. A specified number of moving violation convictions within five years.

The law applies to both Colorado residents and nonresidents.

Importantly, the statute generally looks at when the offenses occurred, not when the convictions were entered.

For example, suppose you received a DUI in 2021, a reckless driving charge in 2023, and a driving under restraint charge in 2026.

If you are convicted of all three offenses and they arise from separate acts, you may qualify for habitual traffic offender status.

The fact that none of those offenses involved an injury does not change the result.

Do Multiple Charges From One Traffic Stop Count Separately?

Generally, no.

C.R.S. § 42-2-202 provides that multiple included offenses committed within a one-day period count as one offense for purposes of the habitual traffic offender law.

The statute also requires the qualifying offenses to arise from separate acts.

This distinction matters because a driver might face multiple charges from the same incident. Those charges do not necessarily count as multiple habitual offender violations.

When I review someone’s driving history, I look beyond the number of convictions. I examine the dates, the underlying conduct, and whether the DMV has counted the offenses correctly.

Which Traffic Offenses Count Toward Habitual Offender Status?

Under C.R.S. § 42-2-202(2), three convictions for qualifying offenses committed within seven years can trigger habitual traffic offender status.

The qualifying categories include:

• Driving under the influence (DUI), DUI per se, or driving while ability impaired (DWAI).

• Reckless driving under C.R.S. § 42-4-1401.

• Driving under restraint under C.R.S. § 42-2-138(1).

• Knowingly making a false affidavit or swearing or affirming falsely regarding information required under Colorado’s motor vehicle laws.

• Vehicular assault, vehicular homicide, manslaughter or criminally negligent homicide resulting from operating a motor vehicle, or motor vehicle theft, as specified by the statute.

• Failing to comply with the duties required after a crash involving death or personal injury under C.R.S. § 42-4-1601.

The convictions do not have to be for the same offense.

A DUI, a reckless driving conviction, and a driving under restraint conviction can collectively satisfy the three-conviction requirement.

This is why it is important to look at your entire driving history before resolving a new traffic charge.

Does Reckless Driving Count as a Habitual Traffic Offender Violation?

Yes.

Reckless driving is specifically included in Colorado’s habitual traffic offender statute.

A reckless driving conviction can be particularly significant for someone who already has one or two qualifying offenses.

Keep in mind that Colorado distinguishes between reckless driving and careless driving. They are separate offenses with different elements and consequences.

Reckless driving is expressly listed as a qualifying offense under the three-conviction provision. Ordinary careless driving is not.

I explain the difference in more detail in my article on Careless Driving vs. Reckless Driving in Colorado.

Can Out-of-State Traffic Convictions Count?

Yes. It depends on how they are reported from other states. Typically, you can look at your Motor Vehicle Record (MVR) to see if other out-of-state offenses are showing up on your record.

Colorado’s habitual traffic offender statute allows certain convictions from other states, federal courts, and municipalities to count toward the designation.

Under C.R.S. § 42-2-202(2)(b), the law must substantially conform to the relevant Colorado motor vehicle statutes.

This provision applies to specified categories, including DUI, reckless driving, driving under restraint, and certain serious offenses involving motor vehicles.

Not every out-of-state traffic conviction automatically qualifies.

The actual offense and the law under which the person was convicted matter.

If you moved to Colorado with prior traffic convictions, I would want to review the underlying statutes before accepting the DMV’s calculation.

Can Too Many Traffic Tickets Make You a Habitual Traffic Offender?

Yes. Colorado has a second path to habitual traffic offender status based on repeated moving violations.

Under C.R.S. § 42-2-202(3), you can qualify if you accumulate, within five years:

• Ten or more convictions for moving violations carrying four or more points each; or

• Eighteen or more convictions for moving violations carrying three or fewer points each.

The offenses must be separate and distinct, arise from separate acts, and satisfy the statutory reporting and point-assessment requirements.

This is different from the ordinary driver’s license point suspension rules.

You can lose your license through Colorado’s point system without qualifying as a habitual traffic offender.

But a driver with a large number of qualifying traffic convictions may eventually face both issues.

If you are accumulating tickets, pay attention to the points associated with each charge and the effect of another conviction.

My article on when a traffic ticket becomes a criminal charge in Colorado explains the differences between civil traffic infractions and criminal traffic offenses.

How Long Does a Habitual Traffic Offender Revocation Last?

Generally, five years.

Under C.R.S. §§ 42-2-203 and 42-2-205, the Colorado Department of Revenue must revoke the license of a driver whose record meets the habitual offender requirements.

The five-year period begins on the date of the department’s habitual offender order.

During that period, you cannot legally operate a motor vehicle in Colorado unless you qualify for and obtain an authorized early reinstatement.

The DMV’s Hearings Division cannot simply issue you a probationary license because you need to drive for work or family responsibilities.

There are limited statutory provisions allowing certain habitual offenders to reinstate early with an ignition interlock device. I’ll explain those below.

Does Your License Automatically Return After Five Years?

No.

This is something drivers frequently misunderstand.

Even after the five-year period has passed, you must satisfy the applicable reinstatement requirements before you can legally drive.

Those requirements include proof of financial responsibility and may involve other conditions depending on your driving history.

In People v. Purvis, 735 P.2d 492 (Colo. 1987), the Colorado Supreme Court recognized that a habitual offender revocation continues beyond the five-year period until the statutory financial responsibility requirements are satisfied.

Do not assume that the passage of five years means you are legally allowed to drive.

Before getting back behind the wheel, verify that the DMV has actually reinstated your driving privileges.

For more information about checking your driving status and reinstatement requirements, see my Colorado Driver License Guide and Resources.

What Happens If You Drive After a Habitual Offender Revocation?

Driving while your habitual offender revocation remains in effect can result in a criminal charge under C.R.S. § 42-2-206.

The offense is called Driving After Revocation Prohibited, or DARP.

Under Colorado law, the basic offense is a class 2 traffic misdemeanor.

Penalties for Driving After Revocation Prohibited

Under C.R.S. § 42-2-206(1)(a), the sentencing provisions include:

• A mandatory minimum of 30 days in county jail, or a $3,000 fine, or both.

• Additional penalties authorized under Colorado’s general traffic sentencing statute.

• A prohibition against sentencing the defendant to probation.

• A statutory option allowing the court to suspend all or part of the mandatory jail sentence or fine if the defendant successfully completes between 40 and 300 hours of useful public service.

If the court suspends the mandatory sentence conditioned on public service, successful completion requires the court to vacate the suspended sentence.

If the defendant fails or refuses to complete the ordered service, the court must impose the applicable jail sentence, fine, or both.

There is an important distinction here.

A DARP conviction does not automatically require everyone to serve 30 days in jail. The statute expressly allows a qualifying fine instead of imprisonment.

It also provides the public service alternative described above.

However, this is not an ordinary traffic ticket. The mandatory sentencing provisions and prohibition against probation make the charge significantly more serious.

What Is Aggravated Driving With a Revoked License?

Colorado also recognizes a more serious offense called aggravated driving with a revoked license.

Under C.R.S. § 42-2-206(1)(b), the offense applies when someone who has been designated a habitual traffic offender operates a motor vehicle while the revocation remains in effect and commits one of several specified offenses during the same criminal episode.

Those offenses include:

• Reckless driving.

• Eluding or attempting to elude a police officer.

• Certain violations involving crash duties and reporting requirements.

• Vehicular eluding.

Aggravated driving with a revoked license is a class 1 traffic misdemeanor.

The statute requires a minimum sentence of 60 days in county jail.

Under Colorado’s general traffic sentencing statute, a class 1 traffic misdemeanor can carry up to one year in jail, subject to the particular offense’s sentencing provisions.

Does a DUI Make Driving After Revocation an Aggravated Offense?

Not under the current aggravated DARP statute.

Colorado removed DUI, DUI per se, and DWAI from the list of aggravating offenses in 2015.

That does not mean driving while revoked and under the influence is treated lightly.

The prosecution may still file a separate DUI or DWAI charge. That offense carries its own penalties and license consequences.

If you are facing an alcohol-related driving allegation, my Colorado Springs DUI defense page explains the criminal and administrative issues that may arise.

Can You Get Your License Back Before the Five Years Are Over?

Possibly.

Colorado law allows certain habitual traffic offenders to apply for early reinstatement with an ignition interlock-restricted license.

But this option is not available to everyone.

Under C.R.S. § 42-2-132.5(4)©, an individual designated as a habitual traffic offender must meet specific criteria to qualify.

The person must have at least one contributing conviction for:

• DUI;

• DUI per se; or

• DWAI.

In addition, the habitual offender designation cannot be based on other contributing violations except for driving under restraint or reckless driving.

For example, someone whose three qualifying convictions consist of a DUI, reckless driving, and driving under restraint may qualify for early reinstatement if the remaining statutory and DMV requirements are satisfied.

However, someone whose qualifying convictions include vehicular assault generally would not qualify through this particular habitual offender early reinstatement provision.

How Long Do You Have to Wait for Early Reinstatement?

There is no single waiting period that applies to every habitual traffic offender.

The applicable rules depend on the underlying offenses, when they occurred, and whether the driver has other active restraints.

Under the DMV’s early reinstatement rules, certain alcohol-related revocations may allow an application on the first day the revocation becomes effective. Others, including certain refusal cases, require a waiting period.

The DMV must determine the driver’s eligibility based on the complete record.

Do not assume that you are eligible after two months simply because you have an alcohol-related conviction.

You can review the state’s Early Reinstatement with Interlock information or contact Colorado DMV Driver Services at 303-205-5613.

How Long Will You Need an Ignition Interlock?

Under C.R.S. § 42-2-132.5, habitual traffic offenders whose revocations were based in part on DUI, DUI per se, or DWAI must generally hold an interlock-restricted license for at least one year after reinstatement before qualifying for an unrestricted license.

Depending on the person’s other alcohol-related convictions, persistent drunk driver designation, and early reinstatement circumstances, the actual interlock period may be longer.

For drivers approved for early reinstatement, the restrictions can extend through the remaining restraint period.

Colorado also has specific rules for interlock monitoring, servicing, violations, and extensions.

For a detailed explanation, read my Colorado Ignition Interlock Requirements After a DUI guide.

You can also review my article on how soon you can get your license back after a DUI in Colorado Springs.

Is a Habitual Traffic Offender the Same as a Habitual Criminal?

No.

Colorado has a separate habitual criminal sentencing statute under C.R.S. § 18-1.3-801.

That statute concerns enhanced sentencing for certain felony offenders with qualifying prior felony convictions.

Depending on the current conviction and criminal history, habitual criminal sentencing can substantially increase the prison sentence.

The habitual criminal statute has specific requirements concerning the number, timing, and nature of qualifying prior convictions.

A habitual traffic offender designation is different.

It is an administrative driver’s license determination based on specified traffic-related convictions or moving violation history.

You do not become a habitual criminal simply because the DMV designates you a habitual traffic offender.

The two laws serve different purposes and impose different consequences.

How Do You Fight a Habitual Traffic Offender Designation?

The first thing I want to see is your complete driving record.

I also want to review the underlying convictions and any notice you received from the Colorado Department of Revenue.

The fact that the DMV has identified you as a habitual offender does not mean its records are necessarily accurate.

Under C.R.S. § 42-2-202, the DMV’s record is considered prima facie evidence of the convictions.

That means it provides initial evidence supporting the designation, but inaccuracies can be challenged.

1. Were the Correct Convictions Counted?

Not every traffic conviction qualifies.

I examine the exact offenses, the applicable statutes, and whether they satisfy the habitual offender requirements.

2. Do the Offenses Fall Within the Required Period?

For the three-conviction provision, the relevant offenses must have occurred within seven years.

For the moving violation provision, the relevant period is five years.

The dates of the violations matter.

3. Did the Offenses Arise From Separate Acts?

The statute requires separate and distinct offenses arising from separate acts.

It also treats multiple included offenses committed within a one-day period as one offense.

If the DMV counted offenses incorrectly, the designation may be subject to challenge.

4. Are the Out-of-State Convictions Qualifying Offenses?

Certain out-of-state and municipal convictions qualify only when the underlying law substantially conforms to the relevant Colorado statute.

That requires a legal comparison rather than simply accepting the label appearing on the driving record.

5. Did the DMV Follow the Required Procedures?

Colorado law provides procedures for habitual offender revocations and administrative review.

The DMV states that its habitual offender hearings focus on whether the motor vehicle record is accurate.

This is not a general opportunity to ask the hearing officer for leniency.

The question is whether the statutory requirements for revocation have been established.

What Defenses Are Available to a DARP Charge?

A criminal prosecution for Driving After Revocation Prohibited raises different issues from an administrative habitual offender hearing.

The prosecution must establish the elements of the charged offense beyond a reasonable doubt.

Potential defenses depend on the evidence, but several issues deserve careful examination.

Did You Know Your License Was Revoked?

This is one of the most important issues in a DARP prosecution.

The prosecution must establish that the defendant knew about the habitual offender revocation.

In People v. Lesh, 668 P.2d 1362 (Colo. 1983), the Colorado Supreme Court recognized knowledge of the revocation order as an essential element of the offense.

The court explained that evidence the DMV mailed the notice can establish prima facie proof of receipt, but mailing does not conclusively establish actual receipt.

The Colorado Supreme Court also addressed the knowledge requirement in Griego v. People, 19 P.3d 1 (Colo. 2001).

The current Colorado model criminal jury instruction for DARP likewise includes the mental state of knowingly.

Whether the defendant actually knew about the revocation can therefore be a legitimate issue at trial.

However, simply claiming that you never received the notice does not automatically establish a defense.

The prosecution may rely on mailing records and other circumstantial evidence to establish knowledge.

Was the Habitual Offender Revocation Actually in Effect?

The prosecution must prove that the defendant operated a motor vehicle while the qualifying revocation remained in effect.

This may require examination of the DMV records, the revocation order, and the defendant’s reinstatement status.

Did You Operate a Motor Vehicle?

The statute prohibits operating a motor vehicle while the qualifying revocation remains in effect.

Whether the evidence establishes operation is a question that may matter in a contested case.

The legal meaning of operating a vehicle is not necessarily identical to physically driving it down a public highway.

Were the Underlying Convictions Constitutionally Valid?

In some circumstances, a defendant can challenge the constitutional validity of convictions used to support the habitual offender designation in a subsequent criminal prosecution.

Colorado appellate decisions recognize this limited defense.

For example, People v. Shaver, 630 P.2d 600 (Colo. 1981), addresses challenges involving underlying convictions obtained in violation of the right to counsel.

However, a DARP prosecution does not give the defendant unlimited authority to relitigate old traffic cases.

Collateral challenges are subject to significant legal restrictions.

The specific constitutional defect, the procedural history, and the evidence supporting the challenge all matter.

Why You Should Fight the Third Qualifying Conviction

If you already have two qualifying convictions, a third charge deserves particular attention.

The difference between a conviction for a qualifying offense and a legally appropriate resolution to a nonqualifying offense can determine whether you face a five-year habitual offender revocation.

Consider a driver who has a prior DUI and a prior conviction for driving under restraint.

That driver is now charged with reckless driving.

If convicted, the reckless driving offense may become the third qualifying conviction.

But if the evidence supports dismissal or a negotiated resolution to a different, nonqualifying offense, the habitual offender consequences may change.

This does not mean a prosecutor must offer a reduction or that a particular plea agreement is available.

It means the driver should understand the possible DMV consequences before entering a plea.

Too often, people focus only on avoiding jail or minimizing a fine.

The driver’s license consequences can be just as important.

My Colorado Springs traffic defense practice handles reckless driving, driving under restraint, careless driving, and other serious traffic charges.

Talk to a Colorado Springs Habitual Traffic Offender Lawyer

If you have received a habitual traffic offender notice, or you have been charged with Driving After Revocation Prohibited, I can review your case and explain your options.

I’m Josh McDowell, a former Deputy District Attorney in Colorado Springs. I’ve practiced criminal law in El Paso County since 2004 and have defended criminal and traffic cases since 2007.

At McDowell Law Firm, I personally handle my cases and keep my caseload limited so I can give each client the attention their situation requires.

When evaluating a habitual traffic offender matter, I look closely at the driving record, qualifying convictions, DMV notices, and the evidence supporting the current charge.

If the prosecution cannot prove an essential element, that issue needs to be addressed.

If a pending traffic case could trigger habitual offender status, I want to understand the consequences before the client makes a decision about a plea.

For more information about my practice, visit my Colorado Springs criminal defense attorney page.

You can also contact McDowell Law Firm to schedule a free consultation.

If possible, bring your driving record, the charging document, and any notices from the DMV.

The sooner we review the record, the better we can identify the available legal options.

Frequently Asked Questions About Colorado Habitual Traffic Offenders

How many DUIs make you a habitual traffic offender in Colorado?

Three qualifying convictions arising from separate acts committed within seven years can result in habitual traffic offender status.

Those convictions can be for DUI, DUI per se, DWAI, or a combination of qualifying offenses listed in C.R.S. § 42-2-202.

You do not need three DUI convictions specifically.

Can you become a habitual traffic offender without a DUI?

Yes.

Reckless driving, driving under restraint, certain serious motor vehicle crimes, and other offenses listed in the statute can count.

Colorado also has a separate habitual offender provision for drivers with numerous qualifying moving violation convictions within five years.

How long do you lose your license as a habitual traffic offender?

Generally, five years from the date of the DMV’s habitual offender order.

Your driving privileges do not automatically return at the end of that period. You must satisfy the applicable reinstatement requirements.

Certain drivers qualify for early reinstatement with an ignition interlock-restricted license.

Is driving as a habitual traffic offender a felony?

The basic offense of Driving After Revocation Prohibited is a class 2 traffic misdemeanor under current Colorado law.

Aggravated driving with a revoked license is a class 1 traffic misdemeanor.

Other conduct occurring during the same incident may result in separate criminal charges, including felonies.

What is the penalty for driving after habitual offender revocation?

Under C.R.S. § 42-2-206, the basic offense carries a mandatory minimum of 30 days in county jail, or a $3,000 fine, or both.

The statute permits the court to suspend all or part of the mandatory sentence upon successful completion of 40 to 300 hours of useful public service.

Probation is not permitted for the basic offense.

Can you get a hardship license while designated a habitual traffic offender?

The DMV’s Hearings Division cannot issue a discretionary hardship or probationary license during a habitual offender revocation.

However, some eligible drivers may obtain early reinstatement with an ignition interlock-restricted license under C.R.S. § 42-2-132.5.

Can you fight a habitual traffic offender revocation?

Yes, but the available challenges depend on the stage of the case.

At the administrative level, challenges generally focus on the accuracy of the driving record and whether the statutory requirements are satisfied.

In a criminal DARP prosecution, the defense may also examine knowledge of the revocation, operation of the vehicle, the validity of the underlying order, and certain constitutional challenges.

Does a habitual traffic offender designation go away after five years?

The five-year statutory prohibition period can expire, but you must still satisfy the DMV’s reinstatement requirements.

Do not drive until your privileges have actually been reinstated.

Colorado Habitual Traffic Offender Laws and Official Resources

• C.R.S. § 42-2-202, Habitual Offenders

• C.R.S. § 42-2-205, Habitual Offender Prohibition

• C.R.S. § 42-2-206, Driving After Revocation Prohibited

• C.R.S. § 42-2-132.5, Interlock-Restricted Licenses

• Colorado Department of Revenue, Habitual Traffic Offender Hearings

• Colorado DMV Ignition Interlock Program

• Colorado DMV Early Reinstatement

• People v. Lesh, 668 P.2d 1362 (Colo. 1983).

• Griego v. People, 19 P.3d 1 (Colo. 2001).

• People v. Shaver, 630 P.2d 600 (Colo. 1981).

• People v. Purvis, 735 P.2d 492 (Colo. 1987).

This article discusses Colorado law as of November 2026 and provides general legal information. The law governing an individual case may depend on the date of the offense, the underlying convictions, and the driver’s complete DMV record.

Recommended Reading

• When Does a Traffic Ticket Become a Criminal Charge in Colorado?

• Colorado Careless Driving Lawyer

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Restitution in Colorado Criminal Cases: What You May Owe and How to Fight It

If you’re facing criminal charges in Colorado, you probably have questions about jail time, probation, fines, and whether you’ll end up with a criminal record. But there’s another part of sentencing that can have a significant financial impact: restitution.

Restitution is money a court orders you to pay for financial losses caused by a crime. Depending on the allegations, that amount could be a few hundred dollars or tens of thousands.

Here’s something you should understand before accepting a plea bargain: Just because a prosecutor requests a particular amount of restitution doesn’t mean you’re legally obligated to pay it.

The prosecution has to establish that the claimed losses are legally recoverable, that your criminal conduct caused them, and that the requested amount is supported by the evidence.

I’ve practiced criminal law in Colorado Springs since 2004, first as a Deputy District Attorney and now as a criminal defense attorney. I’ve seen restitution become a major issue in cases where the defendant was initially focused almost entirely on avoiding jail.

Understanding the potential restitution before you plead guilty can save you from a financial obligation that follows you for years.

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Understand Restitution Before You Plead

McDowell Law Firm handles criminal defense cases in Colorado Springs, with personalized strategies informed by attorney Josh McDowell’s experience as a former prosecutor.

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What Is Restitution in a Colorado Criminal Case?

Restitution is a court-ordered payment intended to compensate a victim for certain financial losses resulting from criminal conduct.

Colorado’s restitution laws are primarily found in C.R.S. §§ 18-1.3-601 through 18-1.3-603.

Unlike a criminal fine, which is imposed as punishment, restitution is intended to reimburse victims for actual economic losses.

For example, if someone is convicted of criminal mischief or theft, restitution might include the value of stolen property or the cost of repairing damaged property.

In an assault case, it might include medical expenses.

In a DUI case involving an accident, restitution may include certain financial losses associated with the collision, although insurance coverage and the nature of the conviction can significantly affect what is recoverable.

Restitution is part of criminal sentencing. It isn’t a separate civil lawsuit, although victims and insurers may have separate civil remedies.

Colorado’s definition of conviction for restitution purposes also includes deferred judgments and deferred adjudications, subject to the statutory provisions governing successful completion.

What Types of Losses Can Be Included in Restitution?

Under C.R.S. § 18-1.3-602, restitution generally includes financial losses proximately caused by criminal conduct that can reasonably be calculated and compensated with money.

Depending on the case, those losses may include:

• Medical bills and treatment expenses.

• Repair costs for damaged property.

• The value of stolen or destroyed property.

• Certain lost wages resulting from an injury.

• Towing and other accident-related expenses.

• Reasonably established future treatment expenses.

• Certain investigative expenses.

• Interest or loss of use of money.

• Other measurable economic losses directly attributable to the offense.

The key issue is causation.

The prosecution must prove that the claimed loss was proximately caused by the criminal conduct for which restitution is legally authorized.

That becomes important when a victim claims losses that existed before the incident, are unrelated to the offense, or are based on assumptions rather than supporting evidence.

What Restitution Does Not Cover

Colorado law expressly excludes several categories of damages from criminal restitution.

These include:

• Physical pain and suffering.

• Mental pain and suffering.

• Loss of enjoyment of life.

• Loss of consortium.

• Loss of future earnings.

• Punitive damages.

Those categories may be relevant in a civil lawsuit, but they are generally not recoverable through Colorado’s criminal restitution process.

One distinction deserves attention.

Lost wages and lost future earnings are not necessarily the same thing.

For example, a victim who misses six weeks of work following an assault may be entitled to restitution for proven lost wages. But a claim for earnings the victim expects to lose years into the future falls within the statutory exclusion for loss of future earnings.

That distinction can make a significant difference in the amount requested.

Colorado Changed the Rules for Insurance Companies in 2026

One of the most significant recent changes to Colorado restitution law concerns insurance companies.

House Bill 26-1017 was signed into law on April 2, 2026, and took effect on August 12, 2026.

Before this change, insurance companies could often seek criminal restitution for payments they made to their policyholders.

The new law substantially limits that practice.

Under HB 26-1017, restitution generally excludes losses for which a victim may be compensated through private insurance, except for workers’ compensation insurance.

You can review the legislation here: Colorado HB 26-1017.

How Does a Colorado Court Determine Restitution?

Colorado law requires nearly every qualifying criminal conviction to address restitution.

Under C.R.S. § 18-1.3-603, the sentencing court generally must enter one or more of four types of restitution orders.

1. An order requiring payment of a specific restitution amount.

2. An order establishing an obligation to pay restitution, with the specific amount determined later.

3. An order requiring payment for the actual costs of certain future treatment.

4. A finding that no victim suffered a qualifying financial loss and no restitution is owed.

The second option is common.

A defendant may be sentenced while the final amount of restitution remains unresolved.

That doesn’t mean the prosecution has unlimited time to submit a request.

Colorado law establishes deadlines for both the prosecutor and the court.

What Are the Deadlines for Restitution in Colorado?

Colorado changed its restitution deadlines in 2025.

House Bill 25-1304, effective May 30, 2025, established a new process for defendants sentenced on or after that date.

Under the revised law:

The prosecutor generally has 63 days after the order of conviction to submit restitution information if the information was not available beforehand.

The court may extend that deadline when it finds extenuating circumstances affecting the prosecutor’s ability to determine restitution.

The court generally must determine the specific restitution amount within 63 days after the prosecution submits its information, or within 63 days after the order of conviction, whichever is later.

The court may extend its deadline for good cause.

For defendants sentenced before May 30, 2025, the former 91-day provisions generally govern.

These deadlines are important because the prosecution cannot simply ignore the statutory process and request restitution whenever it chooses.

But an untimely request doesn’t automatically mean the defendant owes nothing.

The specific court orders, extensions, objections, and actions of the parties all matter.

What Happens If the Restitution Deadline Is Missed?

Two Colorado Supreme Court decisions from 2025 are particularly important.

In Snow v. People, 2025 CO 32, the sentencing court improperly deferred the issue of restitution in its entirety and later entered an untimely restitution order.

The Colorado Supreme Court held that the sentence was unauthorized because the court failed to enter one of the restitution orders required by statute.

The Court ordered the subsequent restitution order vacated and directed the trial court to enter an order reflecting that no restitution was owed.

But there is another side to the issue.

In People v. Roberson, 2025 CO 30, the Supreme Court held that a defendant can waive the statutory deadline.

In that case, the defendant did not object when the court scheduled proceedings beyond the deadline, requested multiple continuances, and waited until long after the deadline had passed before raising the issue.

The Supreme Court concluded that her conduct constituted a waiver.

These decisions illustrate why restitution deadlines should be evaluated carefully.

If the prosecution misses a deadline, I want to know why. Was an extension requested? Did the court make the necessary findings? Did defense counsel object? Did the defendant agree to additional time?

Those questions may determine whether a restitution order can be challenged.

Do You Have the Right to Attend?

Yes.

In People v. Martinez Rubier, 2024 COA 67, the Colorado Court of Appeals confirmed that defendants have a due process right to be present at restitution hearings.

A defendant can waive that right, but the waiver must be knowing, intelligent, and voluntary.

Defense counsel cannot simply waive the defendant’s right to attend without the defendant’s authorization.

In Martinez Rubier, the Court of Appeals reversed a restitution order because the trial court conducted a hearing without adequately establishing that the defendant had waived his right to be present.

If you have a restitution hearing scheduled, you should discuss attendance with your attorney and make sure your rights are protected.

How I Evaluate a Restitution Request

When the prosecution submits a restitution request, I look closely at several issues.

Causation. Did the defendant’s conduct actually cause the claimed loss?

Documentation. Does the prosecution have records supporting the amount, or is it relying on estimates or unsupported assertions?

Preexisting losses. Is the victim seeking compensation for damage or expenses that existed before the incident?

Reasonableness. Are the claimed expenses related to the offense and supported by the evidence?

Insurance. Does the 2026 insurance legislation limit or prohibit the requested restitution?

Scope of conviction. Does the request involve acquitted, uncharged, or dismissed conduct outside the scope of a valid restitution agreement?

Deadlines. Did the prosecution and court comply with the statutory deadlines?

Duplicate recovery. Has the victim already received compensation that should be considered under the governing law?

These issues can make a significant difference.

A restitution request should be examined rather than accepted simply because a prosecutor submitted it.

Can a Restitution Order Be Changed Later?

Sometimes.

Colorado law permits certain corrections or modifications of restitution orders, but it does not give the prosecution an unrestricted right to increase restitution after the statutory process is complete.

The statute allows certain adjustments involving newly discovered victims or losses, payments already made, and other specifically authorized circumstances.

The timing and procedural posture of the case matter.

If restitution has already been ordered and you believe the amount is incorrect, your attorney should evaluate whether a statutory correction, appeal, or other appropriate legal remedy remains available.

Do not assume that the court can reopen restitution indefinitely.

How Much Interest Is Charged on Colorado Restitution?

Colorado generally imposes simple interest on unpaid restitution at an annual rate of 8%.

Under C.R.S. § 18-1.3-603(4), interest ordinarily begins accruing when the restitution order is entered.

The Colorado Judicial Branch calculates interest monthly based on the outstanding principal balance.

For example, consider a $10,000 restitution order.

At 8% simple annual interest, that produces $800 in interest over a year if the principal remains unchanged.

That’s approximately $66.67 per month.

The larger the unpaid principal balance, the more interest accumulates.

There are statutory exceptions.

For families dealing with juvenile charges, my juvenile criminal defense page explains other important differences between juvenile and adult criminal proceedings.

What If You Cannot Afford to Pay Restitution?

Many defendants cannot pay the full restitution amount immediately.

That does not automatically eliminate the obligation.

Colorado courts have collection procedures that allow qualifying defendants to establish payment arrangements based on their circumstances.

A Collections Investigator may review your income, expenses, employment, and financial resources.

If you cannot pay the full amount, take the collection process seriously.

Provide accurate financial information, keep records of your payments, and communicate promptly if your circumstances change.

The court may also impose authorized collection fees and other costs.

Can You Go to Jail for Not Paying Restitution?

You cannot constitutionally be incarcerated solely because you genuinely lack the financial ability to pay.

However, an intentional refusal to comply with lawful payment obligations can create additional problems.

If restitution is a condition of probation, nonpayment may lead to allegations of a probation violation.

The distinction between someone who cannot pay and someone who willfully refuses to pay is legally significant.

If a probation revocation is based on failure to pay restitution, the court must consider the applicable constitutional protections and circumstances surrounding nonpayment.

For more information, read Probation Violations in Colorado.

If you are struggling with payments, do not ignore the court or your probation officer.

Get legal advice before a missed payment develops into a larger problem.

What Happens If You Do Not Pay Restitution?

Unpaid restitution can remain enforceable for years.

Depending on the circumstances, Colorado’s collection process may include:

• Wage garnishment.

• Liens against property.

• Interception of state tax refunds or other qualifying payments.

• Referral to collection agencies.

• Additional collection expenses.

• Other enforcement proceedings authorized by law.

Restitution does not necessarily disappear when probation ends.

It also generally survives criminal record sealing.

A restitution balance may affect eligibility for sealing in some cases, depending on the applicable statute.

The practical point is simple.

If the court orders restitution, you need to understand the amount, how it will be collected, and what options you have if payment becomes difficult.

Does Restitution Affect Plea Bargaining?

Absolutely.

Restitution should be part of the conversation before you accept any plea agreement.

Consider a defendant who receives an offer allowing probation instead of jail.

On its face, that may sound like a favorable resolution.

But suppose the agreement also requires $30,000 in restitution.

Now the defendant must evaluate the financial consequences along with the criminal penalties.

I also want to know whether the restitution amount is fixed in the plea agreement or will be determined later.

If the amount is left open, a defendant may plead guilty without knowing the full financial obligation.

Sometimes the parties can negotiate a specific amount or otherwise narrow the issues. In other cases, restitution must be litigated.

The facts, the charges, the statutory requirements, and the available evidence determine what is possible.

This is especially important in theft and property crime cases, where the alleged financial loss may be one of the central issues in the prosecution.

The best time to address restitution is before a plea is entered, not after sentencing.

How to Challenge a Restitution Request in Colorado

If you’re facing a restitution claim, there are several things you should do.

1. Find out what the prosecution is requesting.

Ask your attorney for the amount claimed and the documentation supporting it.

2. Review the evidence.

Invoices, repair estimates, medical records, employment records, and photographs may all be important.

3. Identify unrelated expenses.

Look for preexisting property damage, medical conditions, duplicate charges, or expenses unrelated to the offense.

4. Review the plea agreement.

Determine whether you agreed to pay restitution for dismissed charges or other conduct.

5. Check the deadlines.

The prosecution and court must follow the applicable statutory procedures. A timely objection may be critical.

6. Request a hearing when appropriate.

If the prosecution cannot substantiate the claimed losses or there is a legitimate legal dispute, a restitution hearing may be necessary.

7. Understand the consequences before accepting an amount.

A restitution order can create a substantial financial obligation, including interest and collection costs.

Do not agree to a restitution figure simply because it appears in a prosecutor’s paperwork.

Colorado Springs Criminal Defense Attorney for Restitution Disputes

I’ve represented people charged with crimes in Colorado Springs and El Paso County since 2007.

Before becoming a defense attorney, I worked as a Deputy District Attorney in the Fourth Judicial District, where I handled restitution issues for victims.

That experience gives me an understanding of how criminal cases are prosecuted, how plea agreements are negotiated, and how restitution requests are assembled.

When I represent a client, I review the evidence and evaluate the legal and financial consequences of the proposed resolution.

If restitution is disputed, I want to know whether the amount is supported, whether the requested losses are legally recoverable, and whether the prosecution has complied with Colorado law.

My goal is to protect my client’s rights and pursue the best result available under the circumstances.

If you’ve been charged with a crime in Colorado Springs or El Paso County, or you need representation concerning a disputed restitution order, contact McDowell Law Firm.

Call 719-227-0022 to schedule a free consultation.

You can also read what to expect during a free consultation.

Frequently Asked Questions About Colorado Restitution

Is restitution mandatory in every Colorado criminal case?

Most qualifying criminal convictions must address restitution, but that does not mean every defendant must pay it. If no victim suffered a legally recoverable financial loss, the court may enter an order finding that no restitution is owed. The statute also contains limited exceptions to its general requirements.

Can restitution be ordered after sentencing?

Yes, if the sentencing court enters an appropriate restitution order and the prosecution and court comply with the applicable statutory procedures and deadlines.

How long does the prosecution have to request restitution?

For defendants sentenced on or after May 30, 2025, the prosecution generally must submit the information before the order of conviction or within 63 days afterward if the information was unavailable, subject to statutory extensions. The court has a separate 63-day deadline calculated under C.R.S. § 18-1.3-603.

Can you challenge the amount of restitution?

Yes. The prosecution must establish the required causal connection and the amount of legally recoverable loss. You may dispute the evidence and request an appropriate hearing.

Can you be ordered to pay restitution for dismissed charges?

Potentially. A defendant may expressly agree to restitution involving dismissed charges as part of a valid plea agreement. The specific language matters.

Does insurance eliminate restitution?

Not in every case. Colorado’s 2026 legislation generally excludes losses compensable through private insurance, but exceptions exist for workers’ compensation, certain deductibles, and insurers that qualify as direct victims. The applicable law and effective date must be considered.

Does restitution accrue interest?

Generally, yes. Colorado imposes simple interest at 8% annually on unpaid restitution, subject to statutory exceptions.

Does restitution go away when probation ends?

Generally, no. Unpaid restitution can remain enforceable even after probation terminates.

Can restitution prevent your criminal record from being sealed?

Potentially. Depending on the case and applicable sealing statute, unpaid restitution may affect eligibility or the timing of sealing.

Can I go to jail if I genuinely cannot afford restitution?

The Constitution prohibits incarceration solely because of genuine inability to pay. However, willful failure to comply with lawful payment obligations can have serious consequences, including revocation proceedings.

Should I hire a lawyer to challenge restitution?

If the amount is substantial, the documentation is questionable, the claimed losses are disputed, or the prosecution may have missed a deadline, having an attorney review the request can be important.

A restitution order may affect your finances long after the criminal case ends.

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Colorado Restitution Laws and Cases

• C.R.S. § 18-1.3-602, Restitution Definitions

• C.R.S. § 18-1.3-603, Assessment of Restitution

• HB 26-1017, Criminal Restitution Prohibited for Insurers

• HB 25-1304, Extension of Restitution Deadlines

• Snow v. People, 2025 CO 32

• People v. Roberson, 2025 CO 30

• People v. Martinez Rubier, 2024 COA 67

• Colorado Judicial Branch, Restitution Information

This article provides general information about Colorado law as of November 2026. It is not legal advice for your individual circumstances. Reading this article does not create an attorney-client relationship.

The post Restitution in Colorado Criminal Cases: What You May Owe and How to Fight It first appeared on McDowell Law Firm.

from McDowell Law Firm https://mcdowellfirm.com/restitution-colorado-criminal/
https://mcdowellfirm.com/practice-area/dui-defense/

Vehicular Homicide in Colorado: Charges, Penalties, Defenses

A fatal car accident can lead to some of the most serious criminal charges a driver can face in Colorado. If the police believe a driver was reckless or impaired by alcohol or drugs, prosecutors may charge vehicular homicide, a felony that can carry years in prison.

But here’s something that is important to understand. Just because someone died in an accident does not automatically mean the driver committed a crime. Even when a driver made a mistake, that does not necessarily mean the evidence supports a felony charge.

Colorado law makes important distinctions between careless driving, reckless driving, criminal negligence, and driving under the influence. Those distinctions can make an enormous difference in the charges filed and the possible penalties.

There was also an important change to Colorado law in 2026. The legislature expressly included deaths caused by criminally negligent driving within the criminally negligent homicide statute. That change gives prosecutors clearer statutory authority to bring a felony charge in certain fatal accidents that do not involve alcohol, drugs, or reckless driving.

I’m Josh McDowell, a former Colorado Springs Deputy District Attorney and criminal defense lawyer. I’ve practiced criminal law in El Paso County since 2004, first as a prosecutor and, since 2007, as a defense attorney.

In this article, I’ll explain how Colorado’s vehicular homicide laws work, the penalties, what changed in 2026, and some of the defenses that may be available.

McDowell Law Firm

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What Is Vehicular Homicide in Colorado?

Vehicular homicide is defined under C.R.S. § 18-3-106.

Colorado recognizes three ways a person can commit vehicular homicide:

1. Reckless driving that proximately causes another person’s death.

2. Driving under the influence of alcohol or drugs that proximately causes another person’s death.

3. Driving while ability impaired by alcohol or drugs that proximately causes another person’s death.

Each is a felony, but the penalties and what the prosecution must prove are different.

Importantly, vehicular homicide does not require that a driver intended to hurt or kill anyone. Most vehicular homicide cases involve conduct where the resulting death was unintended.

The prosecution must still prove every element of the particular charge beyond a reasonable doubt.

1. Vehicular Homicide by Reckless Driving

Under C.R.S. § 18-3-106(1)(a), a driver commits vehicular homicide if they operate a motor vehicle recklessly and that conduct is the proximate cause of another person’s death.

This is a class 4 felony.

The important word here is “recklessly.”

Under Colorado law, recklessness means consciously disregarding a substantial and unjustifiable risk. The disregard must amount to a gross deviation from the standard of care that a reasonable person would exercise.

For example, a prosecutor might argue that excessive speeding, street racing, or dangerous passing demonstrated reckless driving.

But none of those facts should be examined in isolation. The actual circumstances matter.

A driver who makes a momentary mistake is not necessarily driving recklessly. The prosecution has to establish the required mental state, which is a higher standard than ordinary negligence.

This distinction often becomes one of the most important issues in defending a vehicular homicide case.

For a closer look at these distinctions, read my article explaining the difference between careless driving and reckless driving in Colorado.

2. Vehicular Homicide by DUI

Under C.R.S. § 18-3-106(1)(b)(I), a person commits vehicular homicide if they drive while under the influence of alcohol, drugs, or a combination of the two, and that conduct proximately causes another person’s death.

This is a class 3 felony, carrying more severe penalties than the reckless driving version.

Colorado defines DUI as being affected by alcohol or drugs to the point that a person is substantially incapable, mentally or physically, of exercising clear judgment, sufficient physical control, or due care in operating a vehicle safely.

Unlike the reckless driving version, DUI vehicular homicide is expressly designated a strict liability crime.

What does that mean?

The prosecution does not have to prove that the driver intended to cause an accident. It also does not have to establish reckless driving.

However, the state still must prove the required voluntary conduct, impairment, and causation.

This is an important distinction that is sometimes misunderstood.

In People v. Garner, 781 P.2d 87 (Colo. 1989), the Colorado Supreme Court explained that the prosecution does not have to prove that intoxication itself caused the accident.

Instead, the state must prove that the defendant voluntarily drove while intoxicated and that the driving was the proximate cause of the death.

That makes vehicular homicide by DUI a particularly serious charge, even when the prosecution cannot prove that the driver was speeding, driving aggressively, or otherwise operating the vehicle recklessly.

For more information about DUI charges and how they are prosecuted, see my Colorado Springs DUI defense page.

3. Vehicular Homicide by DWAI

Colorado also allows a vehicular homicide charge when the driver was impaired by alcohol or drugs, even if the evidence does not establish the higher DUI level of impairment.

This offense is found in C.R.S. § 18-3-106(1)(b)(I.5).

It is a class 4 felony.

DWAI stands for Driving While Ability Impaired.

Under Colorado law, DWAI means that alcohol or drugs affected the person to the slightest degree, making them less able than they ordinarily would be to exercise clear judgment, sufficient physical control, or due care while driving.

This is a lower standard than DUI.

For example, a driver might have a blood alcohol concentration below 0.08 but still be impaired under Colorado law.

If that driver is involved in a fatal accident, prosecutors may consider a DWAI vehicular homicide charge.

You can read more about the distinction in my article, What Is a DWAI in Colorado?.

Does a BAC of 0.08 Automatically Prove Vehicular Homicide?

No.

Colorado law allows certain conclusions to be drawn from chemical testing, but a BAC result alone does not establish all the elements of vehicular homicide.

Under C.R.S. § 18-3-106(2), the relevant alcohol and marijuana testing provisions include:

• BAC of 0.05 or less: A statutory presumption that the person was not under the influence of alcohol.

• BAC above 0.05 but below 0.08: The result may be considered along with other competent evidence in determining whether the driver was under the influence.

• BAC of 0.08 or higher: A permissible inference that the person was under the influence of alcohol.

• Delta-9 THC of 5 nanograms or more per milliliter of whole blood: A permissible inference that the driver was under the influence of drugs.

An inference is not the same thing as a mandatory finding.

For example, a THC result of 5 nanograms does not automatically establish impairment or guilt.

The prosecution must still prove the charged offense beyond a reasonable doubt.

The timing of the test, laboratory procedures, other evidence of impairment, and circumstances of the accident can all become important issues.

I’ve written separately about Colorado’s marijuana DUI laws, including the difference between a detectable THC level and evidence that a driver was actually impaired.

What Is the Difference Between Vehicular Homicide, Manslaughter, and Criminally Negligent Homicide?

People frequently use the term “vehicular manslaughter” when discussing fatal automobile accidents.

That phrase is common in other states, but Colorado has a specific vehicular homicide statute.

Colorado also has separate offenses for manslaughter and criminally negligent homicide.

Here is how they compare.

Criminal charge	Classification	Standard
Vehicular homicide, DUI	Class 3 felony	DUI driving proximately causes death
Vehicular homicide, reckless driving	Class 4 felony	Reckless driving proximately causes death
Vehicular homicide, DWAI	Class 4 felony	Impaired driving proximately causes death
Manslaughter	Class 4 felony	Recklessly causing another person’s death
Criminally negligent homicide	Class 5 felony	Causing death through criminal negligence
Careless driving causing death	Class 1 misdemeanor traffic offense	Careless driving proximately causes death

The difference between recklessness, criminal negligence, and carelessness can be critical.

Reckless Driving Versus Criminal Negligence

Recklessness generally requires proof that a person was aware of a substantial and unjustifiable risk and consciously disregarded it.

Criminal negligence is different.

A criminally negligent person fails to perceive a substantial and unjustifiable risk that the law requires them to recognize. That failure must represent a gross deviation from the reasonable standard of care.

For example, imagine that a driver causes a fatal accident after failing to notice an approaching vehicle.

Was the driver simply careless? Did the driver fail to recognize an obvious and substantial risk? Or did the driver recognize the risk and decide to proceed anyway?

Those are different legal questions.

And the answers could determine whether the case is prosecuted as a misdemeanor, a class 5 felony, or a class 4 felony.

My Colorado traffic defense page explains some of the other traffic offenses that can arise from a serious motor vehicle accident.

What Changed in Colorado’s Vehicular Homicide Laws in 2026?

In 2026, Colorado passed Senate Bill 26-072, which took effect September 1, 2026.

The law made several changes affecting fatal automobile accidents.

Criminally Negligent Driving Is Now Expressly Included in the Homicide Statute

The legislature amended C.R.S. § 18-3-105 to expressly include causing another person’s death through criminally negligent operation of a motor vehicle.

This is a class 5 felony.

Importantly, criminally negligent homicide was already a felony before the amendment, and the general statute could already apply to conduct involving a motor vehicle.

The new law makes that application explicit.

For cases involving criminally negligent driving, the statute now directly provides that a person commits criminally negligent homicide when their driving is the proximate cause of another person’s death.

The change is particularly relevant in accidents where prosecutors cannot establish intoxication or conscious disregard of a known risk.

The Legislature Repealed a Misdemeanor Provision for Fatal Accidents Involving Mobile Devices

Previously, C.R.S. § 42-4-239(4)(d) separately classified certain deaths caused by unlawful mobile electronic device use while driving as class 1 misdemeanor traffic offenses.

SB26-072 repealed that provision.

However, that does not mean every fatal accident involving a cell phone automatically becomes felony criminally negligent homicide.

Prosecutors still have to prove the elements of the felony, including criminal negligence and proximate causation.

The facts surrounding the use of the phone will matter.

Driver’s License Consequences Were Expanded

The 2026 law also expressly subjects a person convicted of criminally negligent homicide while operating a motor vehicle to mandatory driver’s license revocation.

It also amended statutes addressing habitual traffic offenders and certain compelled chemical testing procedures.

What Are the Penalties for Vehicular Homicide in Colorado?

All three forms of vehicular homicide are felonies.

The standard presumptive sentencing ranges are set out in C.R.S. § 18-1.3-401.

Charge	Presumptive prison range	Fine range	Mandatory parole if imprisoned
Vehicular homicide, DUI, class 3 felony	4 to 12 years	$3,000 to $750,000	3 years
Vehicular homicide, reckless, class 4 felony	2 to 6 years	$2,000 to $500,000	3 years
Vehicular homicide, DWAI, class 4 felony	2 to 6 years	$2,000 to $500,000	3 years
Criminally negligent homicide, class 5 felony	1 to 3 years	$1,000 to $100,000	2 years

These are the ordinary presumptive ranges, not necessarily the sentence a particular defendant will receive.

Some circumstances may require sentencing outside the presumptive range. Other circumstances may support probation or another legally authorized sentencing alternative.

Is Prison Mandatory for Vehicular Homicide?

Not automatically.

A vehicular homicide conviction does not, by itself, require mandatory prison under Colorado’s crime of violence statute.

Probation may be legally available, depending on the offense, the defendant’s record, and other applicable sentencing laws.

That does not mean probation will necessarily be offered or imposed.

Prosecutors and judges take fatal automobile cases seriously. The facts of the collision, degree of culpability, defendant’s criminal history, and circumstances of the death can have a significant effect on sentencing.

I would be cautious of anyone who promises a particular sentence without first reviewing the actual charges and evidence.

When a case proceeds through negotiations rather than trial, the final result may depend on the strength of the evidence and the terms of an agreement with the prosecution. I explain that process in my article on what happens after a DUI charge in Colorado.

How Do You Defend a Vehicular Homicide Charge?

These cases can involve hundreds or thousands of pages of evidence, including accident reconstruction reports, photographs, laboratory records, witness statements, body-camera recordings, and vehicle data.

A strong defense requires examining much more than the police report.

Here are some of the first issues I would examine.

1. Was the Driver Actually Reckless?

If the charge is vehicular homicide based on reckless driving, the prosecution must establish recklessness.

An accident, even a fatal one, is not enough.

I would want to know exactly what occurred before the collision.

How fast was the vehicle traveling? What was the posted speed limit? What were the weather and visibility conditions? What could the driver reasonably see? Were there other vehicles involved?

I would also examine whether the accident reconstruction is consistent with the physical evidence.

Police conclusions are not automatically correct.

A reconstruction expert may reach different conclusions about the collision, vehicle speed, braking, visibility, or sequence of events.

2. Was the Driver Actually Under the Influence?

When alcohol or drugs are alleged, the chemical testing becomes an important part of the case.

But the existence of a blood test does not mean the results are beyond challenge.

Questions may include:

• Was the blood sample collected and documented properly?

• How much time passed between driving and testing?

• Were the laboratory methods scientifically reliable?

• Was the sample stored and handled correctly?

• Do the officer’s observations support the prosecution’s impairment allegation?

• Were there medical or other explanations for the driver’s appearance or behavior?

I have handled DUI cases for more than 20 years. In my experience, some of the most important defense issues are found in the details of the testing procedures and the actual evidence of impairment.

Field sobriety tests can also play a role in an impaired-driving investigation. These tests rely heavily on an officer’s observations, and there may be explanations for poor performance unrelated to alcohol or drugs.

I discuss these issues in more detail in my article about field sobriety tests in Colorado Springs.

You can also read my guide on how to defend against a Colorado DUI charge.

3. Did the Defendant’s Driving Actually Cause the Death?

This is one of the most important questions in a vehicular homicide case.

Colorado law requires proximate causation.

That means the prosecution must establish the required legal connection between the defendant’s conduct and the death.

In some cases, another driver’s actions, unexpected roadway conditions, or an independent intervening event may become important.

However, the existence of another contributing cause does not automatically eliminate criminal liability.

There can be more than one proximate cause of a death.

The important question is whether the prosecution can prove that the defendant’s conduct satisfies the causation requirement.

For DUI vehicular homicide, People v. Garner makes clear that the state does not have to prove that intoxication itself caused the collision.

That is why the specific facts and the applicable causation law must be examined carefully.

4. Was the Driving a Voluntary Act?

Even though DUI vehicular homicide is a strict liability crime, Colorado law requires proof of voluntary conduct.

The Colorado Supreme Court addressed this issue in People v. Rostad, 669 P.2d 126 (Colo. 1983), and People v. Deadmond, 683 P.2d 763 (Colo. 1984).

The state must establish the necessary voluntary act of operating or driving the motor vehicle.

There may be unusual cases involving an unforeseen medical event, loss of consciousness, or other circumstances where voluntariness becomes a genuine legal issue.

This will not be a defense in every case, but it is something that should be examined when the facts support it.

5. Was the Evidence Obtained Legally?

I also examine whether police complied with constitutional requirements when investigating the accident.

That can include reviewing:

• Blood testing and compulsory blood draws.

• Searches of the vehicle and its electronic data.

• Statements obtained during police questioning.

• Searches of phones and other electronic devices.

• Search warrants and the probable cause supporting them.

Colorado law permits officers to require blood testing in certain vehicular homicide and related investigations, including situations involving refusal.

However, statutory authority does not eliminate applicable Fourth Amendment protections.

Whether the police lawfully obtained particular evidence can be an important issue in the defense.

A successful motion to suppress evidence may affect what the prosecution can use at trial.

I discuss some of these constitutional protections in my article, Can Police Search Your Car During a Traffic Stop in Colorado?

Can You Lose Your Driver’s License After a Vehicular Homicide Charge?

Yes.

Under C.R.S. §§ 42-2-125 and 42-2-128, a conviction for vehicular homicide requires revocation of the driver’s license.

The 2026 legislation also expressly applies mandatory revocation to criminally negligent homicide committed while operating or driving a motor vehicle.

There can also be administrative license consequences before the criminal case is resolved.

For example, when alcohol or drugs are involved, the Colorado DMV may initiate a separate revocation proceeding based on chemical test results or an express consent refusal.

The DMV case and the criminal case are separate proceedings.

A favorable result in criminal court does not necessarily eliminate an administrative revocation.

In many express consent cases, you may have only seven days after receiving the applicable notice to request a DMV hearing.

For more information, see my Colorado driver’s license guide and resources.

If the investigation involves alcohol or drugs, my article on what to do immediately after a DUI arrest also explains the DMV hearing process and important deadlines.

What Should You Do if You Are Being Investigated for Vehicular Homicide?

If you or a family member is being investigated after a fatal accident, I recommend contacting an experienced criminal defense lawyer as soon as possible.

There are several reasons why getting involved early can matter.

First, investigators may be collecting statements and evidence long before formal charges are filed.

Second, physical evidence can disappear. Surveillance video may be overwritten. Vehicles may be released or repaired. Witnesses may become difficult to locate.

Third, statements made to police, insurance investigators, or other people may later become evidence in a criminal prosecution.

You should not lie to investigators, destroy evidence, or interfere with an investigation.

But you also do not have to volunteer incriminating statements to police. You can clearly invoke your right to remain silent and request an attorney.

I discuss this in more detail in my article, Know Your Rights: What to Say and Not Say When Stopped by Police.

Preserve any potentially relevant evidence, including photographs, vehicle information, communications, and documents.

If an insurance company contacts you for a recorded statement, speak with your criminal defense lawyer before providing one. A fatal collision can create both criminal exposure and a separate civil claim.

Getting legal advice early can help protect your rights while preserving evidence that may be important to your defense.

Vehicular Homicide Defense Lawyer in Colorado Springs

I spent the first part of my legal career prosecuting criminal cases in Colorado Springs. Since 2007, I’ve represented people accused of crimes, including serious felony offenses.

That background gives me experience evaluating criminal cases from both sides.

When someone contacts me about a vehicular homicide investigation, my first priority is understanding the facts and examining what the prosecution can actually prove.

Was the driving reckless? Was there reliable evidence of impairment? What caused the collision? Were the driver’s constitutional rights violated? Does the evidence support the particular criminal charge?

Those are the questions that matter.

At McDowell Law Firm, I personally handle my clients’ cases. I believe that when someone is facing a charge that can change the rest of their life, they deserve direct access to the attorney responsible for their defense.

If you are being investigated for vehicular homicide, criminally negligent homicide, or another serious driving offense in Colorado Springs, El Paso County, or Teller County, contact my office to discuss your situation.

You can learn more about my approach to criminal defense representation in Colorado Springs or read about what to expect during your free consultation.

Frequently Asked Questions About Vehicular Homicide in Colorado

How many years can you get for vehicular homicide in Colorado?

DUI vehicular homicide is a class 3 felony, with an ordinary presumptive prison range of 4 to 12 years.

Reckless and DWAI vehicular homicide are class 4 felonies, with ordinary presumptive ranges of 2 to 6 years.

Aggravating circumstances and other sentencing provisions can change those ranges.

Can you get probation for vehicular homicide in Colorado?

Yes, probation can be legally available in vehicular homicide cases, subject to the applicable sentencing statutes and the defendant’s circumstances.

However, a judge is not required to grant probation, and prison remains a serious possibility.

Can you be charged with vehicular homicide if you were sober?

Yes.

Vehicular homicide based on reckless driving does not require alcohol or drugs.

Additionally, criminally negligent driving that proximately causes death can support a separate class 5 felony charge under C.R.S. § 18-3-105.

Is vehicular homicide the same as vehicular manslaughter?

Not exactly.

Colorado has a specific vehicular homicide statute. Manslaughter is a separate criminal offense under C.R.S. § 18-3-104.

The charges have different elements, although both may arise from conduct involving an automobile.

Is vehicular homicide always a felony?

Yes.

All three forms of vehicular homicide under C.R.S. § 18-3-106 are felonies.

However, not every fatal traffic accident qualifies as vehicular homicide. Depending on the facts, a driver could face a different offense, including misdemeanor careless driving resulting in death.

What if the other driver caused the accident?

The actions of another driver may be important to determining causation and criminal liability.

However, Colorado law recognizes that more than one person’s conduct can be a proximate cause of a death.

The defense must examine whether the prosecution can establish that the accused driver’s conduct satisfies the causation requirement.

Can a vehicular homicide charge be reduced or dismissed?

Yes, depending on the evidence and circumstances.

A charge may be dismissed if the prosecution cannot establish the necessary elements or if legal issues prevent the state from proceeding.

Negotiated resolutions to lesser charges may also be possible.

No particular outcome can be guaranteed.

What is the new Colorado vehicular homicide law for 2026?

Senate Bill 26-072 took effect September 1, 2026.

It expressly included criminally negligent driving causing death within Colorado’s criminally negligent homicide statute, repealed a separate misdemeanor provision for certain fatal crashes involving mobile electronic devices, and amended related driver’s license and testing laws.

It did not automatically make all vehicular homicide convictions subject to mandatory prison.

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This article provides general information about Colorado law as of November 2026. It is not legal advice for any particular case. The law applicable to an individual case may depend on when the alleged offense occurred and the defendant’s specific circumstances.

Sources

• C.R.S. Section 18-3-106, Colorado Revised Statutes

• Colorado model jury instructions, Chapter 3-1 Homicide and Related Offenses

• SB26-072 Increased Penalty for Vehicular Homicide and Assault, Colorado General Assembly

• SB 26-072 Fiscal Note, Colorado General Assembly

• Fiscal Notes Considerations for Bills with Criminal Justice System Impacts, Colorado General Assembly

• People v. Deadmond, Colorado Supreme Court

• The DUI Process, Colorado Department of Revenue Motor Vehicle Division

• DR 2316 Financial Responsibility Requirements, Colorado DMV

Recommended

• Colorado Careless Driving Lawyer

• When Does a Traffic Ticket Become a Criminal Charge in Colorado

• What Happens on DUI Charges in Colorado?

from McDowell Law Firm https://mcdowellfirm.com/vehicular-homicide-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/