Not being read your Miranda rights in a DUI vehicular assault case in Colorado can be significant, depending on the circumstances of the custodial interrogation. Generally, if you were in a situation where Miranda rights should have been read due to a custodial interrogation and they were not, any self-incriminating statements made during that time may be deemed inadmissible in court. If the court determines that you were not in custody for purposes of the Fifth Amendment when speaking to the officer a Miranda warnings were not necessary. People v Kelley, 2023 CO 32. This suggests that the necessity of Miranda warnings depends heavily on whether the situation can be legally defined as a custodial interrogation. If it is determined that you were in custody and should have been read your Miranda rights, any statements made could potentially be suppressed, depending on the court's findings regarding the violation of your rights. However, it's important to note that the mere failure to read Miranda rights does not automatically invalidate an arrest or the charges themselves; it primarily affects the admissibility of statements made in a custodial setting without advisement of rights. For a more specific analysis, details such as the nature of the interaction with law enforcement and the exact circumstances under which statements were made would be required.

DUI vehicular assault is a serious charge...

"If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime." C.R.S. § 18-3-205. If you are found guilty, the penalties can be from 2 to 6 years in prison and/or $2,000 to $500,000.

I would suggest speaking to an attorney as soon as possible. Criminal defense attorney and partner Ryan Robertson has experience handling these types of matters. If you would like to speak to him about your case please contact us at (303) 688-0944 or go here for more ways to contact us.