A Colorado man has been sentenced to nine months of work release and five years of probation. He was initially arrested for causing an accident in Boulder County with a blood alcohol concentration five times the .08% legal driving limit. The sentence was handed down by a district judge on July 10 after the 42-year-old Mead resident pleaded guilty in February to charges of reckless driving, vehicular assault and getting behind the wheel with a BAC of .2% or higher. The judge ruled that the man could remain out of custody for the time being as the work-release program is not currently operating and no beds are available.
Injury accident leads to felony charges
The man was charged with multiple felonies after an Aug. 1, 2019, accident in Longmont left the two occupants of a Dodge Dakota pickup truck seriously injured. According to a police report, the man lost control of his Dodge Ram pickup truck as he attempted to navigate a curve on Nelson Road in the vicinity of Ken Pratt Boulevard. Police say that he was so intoxicated after the crash that he did not realize that his jaw was broken and he had damaged several of his teeth. A subsequent blood draw indicated that his BAC was .425%.
Prosecutor swayed by sobriety and remorse
The district attorney prosecuting the case says that she opted not to pursue a custodial sentence when she read the presentencing report. In the report, the man took responsibility for his actions and showed genuine remorse. During the sentencing hearing, which the man attended remotely, he apologized to the crash victims and vowed never to touch alcohol again.
Not all criminal convictions result in jail time
The outcome of this case reveals that prosecutors may be willing to take a lenient approach when criminal defendants are remorseful and accept responsibility even when they face serious felony charges. If you are charged with DUI after being involved in a serious accident and the evidence against you is strong, an experienced criminal defense attorney may be able to negotiate more effectively on your behalf if you are willing to accept substance abuse counseling and apologize to the road users who were injured.