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.
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:
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Reckless driving that proximately causes another person’s death.
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Driving under the influence of alcohol or drugs that proximately causes another person’s death.
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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:
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BAC of 0.05 or less: A statutory presumption that the person was not under the influence of alcohol.
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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.
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BAC of 0.08 or higher: A permissible inference that the person was under the influence of alcohol.
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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:
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Was the blood sample collected and documented properly?
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How much time passed between driving and testing?
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Were the laboratory methods scientifically reliable?
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Was the sample stored and handled correctly?
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Do the officer’s observations support the prosecution’s impairment allegation?
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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:
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Blood testing and compulsory blood draws.
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Searches of the vehicle and its electronic data.
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Statements obtained during police questioning.
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Searches of phones and other electronic devices.
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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.
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
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Colorado model jury instructions, Chapter 3-1 Homicide and Related Offenses
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SB26-072 Increased Penalty for Vehicular Homicide and Assault, Colorado General Assembly
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The DUI Process, Colorado Department of Revenue Motor Vehicle Division
Recommended
from McDowell Law Firm https://mcdowellfirm.com/vehicular-homicide-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/
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