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- Colorado Criminal Defense Lawyers – Why Hiring A Good One Makes Sense
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- Understanding Colorado’s Felony DUI Law – Effective Date – August 5, 2015
- Colorado Criminal Law – Understanding Hit And Run Cases – 42-6-1601, 14-6-1603
- Colorado Criminal Law – Know Your Rights – Remain Silent – Remain Silent – Remain Silent
- Colorado Criminal Law Guide – Searches Of Your Car – Your Right To Refuse
- Understanding The Colorado Law Of Careless Driving 42-4-1402 – Bodily Injury Or Death
- Understanding The Elusive Wet Reckless Plea Bargain In Colorado DUI Cases
- Colorado DUI Criminal Law – Huffing And DUID Cases – “Duster” And “Dust-Off”
- To Understand Colorado DUI – DWAI – DUID Probation Sentencing – First Read The Law
- Colorado Criminal Law – Am I Safe To Sit In My Car – Police Intrusion Issues
- A Guide To The DMV Side Of Colorado DUI Cases Part I Of IV
- Meeting With Your Colorado DUI-DWAI-DUID Lawyer For The First Time
- A Colorado Comprehensive DUI – DWAI Penalties Sentencing Chart
- Colorado DUI – DWAI Refusals – Defense Tactics – The Decision to Refuse To Blow – Breathalyzer and Blood Test
- Colorado DUI Probation Violations – Why Time Is Of The Essence
- Expungement – Sealing DUI Charges In Colorado – Traffic Charges Such As DUI – DWAI’s Can Never Be Sealed or Expunged
- Marijuana Drug Driving In Colorado and the DUID Law
- Colorado First Time DUI – DWAI
- Colorado Rules For Obtaining A Driver’s License When Out of State Suspension – The Interstate Driver’s License Compact Rules
- Colorado DUID Cases – Prescription Drugs and Colorado Driving Under The Influence of Drug Charges
- Colorado Vehicular Assault – Vehicular Homicide Charges – What They Mean
- The Colorado Affirmative Defense Of Intervening – Superseding Cause In Vehicular Assault – Vehicular Homicide Cases 18-3-205, 18-3-106
- Colorado Interlock Devices – Violations Including Tampering CRS 42-2-132.5 (11)
- Colorado Alcohol Treatment Programs – Level I and Level II – Track A-B-C-D
- Colorado DUI Interlock Program – Understanding the Interlock Device – Colorado DUI Consequences Part I of II
- The Colorado DUI -DWAI Field SobrietyTests
- Colorado’s Express Consent Law – The Law And The Advisement
- Refusals – Refusing To Take The Alcohol Breath or Blood Test In A Colorado DUI – DWAI Case
- Taking Blood Samples from Colorado Persons Arrested For DUI and Colorado Felonies
- Understanding The Colorado – Arapahoe – Douglas County DUI – DWAI – DUID Multiple Offender Program (MOPS) – Alternative Sentencing Options
- Colorado “Drugged Driving” – Marijuana DUID Cases
- Colorado’s Habitual Traffic Offender Law – CRS 42-2-206 – Driving After Revocation Prohibited – DAJP
- Colorado Criminal Traffic Lawyer Series – Driving Under Suspension – Points 42-2-127 C.R.S.
- Federal DUI Cases In Colorado
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- Colorado DUI -DWAI -DUID Penalties And Sentencing 42-4-1307 – Proving Prior Alcohol Driving Convictions In Court
- Colorado DUI – DWAI – DUID Cases – No Contest and Other Kinds Of Pleas In Colorado DUI Cases
- Colorado DUI Lawyer Answers The Question – What Should I Do If I Am Stopped On Suspicion Of DUI – Refusing The Chemical Test
- Colorado Criminal DUI Case Defense – Preparing To Attack The District Attorney’s DUI Expert
- Attacking Your Colorado DUI – DWAI Case – Common Tactical Approaches
- Colorado DUI – DWAI – DUID Law- Questions And Answers On The Legal Definition Of Driving In Colorado
- Application By Out Of Stated Suspended – Revoked – Restrained Drivers For A Denver Colorado Drivers License
- Weaving Within My Lane In Colorado – 42-4-1007- Can They Stop Me For Suspected DUI?
- Colorado DUI Law – Is it Possible To Raise An Involuntary Intoxication Defense?
- Colorado Criminal Lawyer Series – Will I Lose My Nursing License In Colorado If I Get A DUI?
- What Are Colorado’s Open Container Laws – Who Can Be Charged? – Alcohol – Marijuana
- How To Understand Colorado DUI – DWAI – DUID DMV Actions After January 2014 – A Primer
- When An Out Of State Resident Is Convicted Of A DUI In Colorado – What Happens Now?
- Colorado Criminal Law – Understanding Colorado Traffic Stop Laws Regarding Arrest & Custody
- Sentencing In A Colorado DUI – DWAI – DUID Case – “Re-packaging” The Client Ideas and Arguments
- Colorado Criminal Law – Pretext Searches – The Emergency / Community Caretaking Exception To The Fourth Amendment
- Colorado Criminal Law – When Police Violate Your Rights At A Traffic Stop
- Proving Driving Under Revocation § 42-2-138 – In The State Of Colorado
- Colorado Mental Health and Substance Abuse Resources In DUI Cases
- Colorado DUI Laws – DMV Breath – Blood Test Refusal Issues Analyzed – Express Consent Law 42-4-1301.1
- The Meaning Of “Driving” Under Colorado DUI Law
- After The DUI -DWAI – DUID – Colorado Alcohol Based Driving Convictions For Driving Under Revocation, Denial And Restraint 42-2-138
- Is Taking Ambien A Defense To A Charge Of DUI – DUID In Colorado?
- Colorado Child Abuse Charge In DUI – DWAI Cases – DUI Defense Lawyer Strategies
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Colorado Child Abuse Charge In DUI – DWAI Cases – DUI Defense Lawyer Strategies
by Colorado DUI Attorney – Lawyer – H. Michael Steinberg
Introduction – Colorado child abuse charges are often brought in the context of DUI investigations. A child is one who is 16 years old or younger. If a child is in the vehicle – even if they are strapped in and otherwise safe – child abuse is charged because of the additional potential dangers posed to the child by an intoxicated driver.
This is considered an aggravating factor by the DA and is taken into consideration by the Colorado judge at sentencing.
Colorado Child Abuse Charge In DUI – DWAI Cases
The Colorado Charge of Child Abuse In DUI – DWAI Cases – What Is Negligent Child Abuse?
Understanding The Colorado Crime of Misdemeanor Child Abuse (� 18-6-401) -usually the specific crime charged)
1.(a) A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child…..
Child Abuse (Criminal Negligence)
The elements of the crime of criminally negligent child abuse are:
1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. with criminal negligence,
[4. [caused an injury to a child’s life or health]
-or-
4. [permitted a child to be unreasonably placed in a situation that posed a threat of injury to the child’s life or health]
-or-
4. [engaged in a continued pattern of conduct that resulted in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child]]
Felony Child Abuse – If the Child Is Injured In A DUI Accident
This more serious Colorado child abuse crime is defined as:
Knowingly or recklessly committing an act that either kills or injures a child under 16 years old) is child abuse. If death results, it is a Class 2 felony, which carries a term of 8-24 years in prison and/or a fine of $5,000 – $1,000,000. If injury results, it is a Class 3 felony, which carries a term of 4-12 years in prison and/or a fine of $3,000 – $750,000. Mandatory parole is 5 years for both felonies. � 18-1.3-401; � 18-6-401(1), (2), (7)(a)(I), (III)
Does Not Have To Be Your Child for Child Abuse Charge In A DUI – DWAI Cases
The crime of child abuse in Colorado does not require that the child in your car as a passenger be your child – it is any child and the driver may also be a child – that is under 18 – for the purposes of the charge. The reason some Colorado District Attorneys bring the charge – and they do not ALL add it if it does not appear on the original summons – is to increase the leverage of the prosecutor to achieve a plea bargain. Even the chance of a child abuse conviction to those in certain fields – teaching – nursing – child care etc. is unacceptable to them.
According to MADD – 41 states and the District of Columbia have laws enhancing penalties for those who drive drunkwith a child passenger in a vehicle. The laws vary widely in severity and definition of a child passenger.
Compare The Term DUI “Child Endangerment”
Most states today have some form of child endangerment statute. About half of the states also have DUI Child Endangerment law to punish drunk driving DUI / DWI offenders who transport a minor at the time of the offense. These laws either enhance the existing DUI / DWI penalties or make it a separate offense to transport a minor while driving under the influence.
Understanding How The Child Abuse “Tag” Hurts Your Colorado DUI – DWAI Case
Child Abuse is a serious charge and is considered a separate and distinct count by the state of Colorado in addition to a DUI charge. If you have a child as a passenger in the vehicle, you may face serious consequences.
The charge is often used in Colorado family law cases to attempt to seize custody of a person’s child in some cases.
If you are convicted of a first DUI charge, normally you do NOT face jail time as a part of your penalty, however a child abuse charge can change that result. An experienced Colorado DUI attorney that will defend you aggressively in this situation.
The Critical Issue – Cannot Be Expunged – Even If Dismissed – The Underlying Criminal History Issue
What is never discussed in this situation is this – even if the charge is plea bargained away to later be dismissed or even immediately dismissed by agreement ..a plea to ANY charge in a traffic matter means that the child abuse charge can NEVER be removed from your criminal history. The reason is that Colorado’s expungement laws require the complete dismissal of a criminal case before the case can be sealed. See my page on this issue CLICK HERE.
The Colorado TRAILS System – The Child Abuse “Tag” – and The Colorado Child Abuse Registry
Child abuse charges must be reported to the Colorado Department of Health and Human Services (DHS) in the county in which they occurred. This is a civil requirement and must take place even if the criminal case is never prosecuted.
The Colorado Department of Human Services is mandated to complete a separate investigation and must make a separate finding of whether an incident of child abuse occurred. If the allegation is “founded” the person’s name is slated for inclusion on the Colorado State child abuse registry – the TRAILS system.
Certainly the registry is not made completely public, but it is used by many Colorado divisions that have oversight for the welfare of children – this includes – but is not limited to – teachers, day care providers, foster parents, families seeking to adopt, and even parents who want to volunteer with their childrens’ schools, athletic teams, or community organizations. ALL of these giving and loving individuals may be severely impacted by a listing on the Colorado TRAILS child abuse registry.
Colorado DUI and Child Abuse Charges
Being accused of child abuse for a parent – grandparent or other care giver is one of the most emotional charges that can be leveled. When a child is in the back seat while your are driving under the influence of alcohol or other intoxicant, the charge may be brought against you and it must be aggressively defended as it may have life long impacts well beyond the termination of the DUI – DWAI case.
Please call our law firm if you have questions about ..
Child Abuse Charges In DUI – DWAI Cases
H. Michael Steinberg has been a Colorado criminal law specialist attorney for 40 years. For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.
In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277
If you have questions about Child Abuse Charges In DUI – DWAI Cases in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.
In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters as regards Colorado Child Abuse Charges In DUI – DWAI Cases
Other Articles of Interest:
- Colorado Mental Health and Substance Abuse Resources In DUI Cases
- Colorado First Time DUI – DWAI
- Colorado Alcohol Treatment Programs – Level I and Level II – Track A-B-C-D
- Colorado Vehicular Assault – Vehicular Homicide Charges – What They Mean
- Attorney Profile
