Attorney: Condition May Have Impacted Client's Ability to Recognize Intoxication

Credit: Colorado State Patrol

Attorneys for a woman accused in a deadly DUI that killed a mother and her young child say she may not have known she was drunk.

Arica Vlach bonded out of jail with DUI and vehicular homicide charges in November.

Now officials say she has violated the terms of her bond, after a test showed she had alcohol in her system.

It was during the updated bond hearing on Thursday that Vlach's attorneys revealed their unique defense.

They say a hereditary condition that impacts her liver and thyroid could effect whether or not she knew she was too intoxicated to drive.

The crash happened last July in Peyton. A mother and her 3-year-old son were both killed. Vlach and the victim's 2-year-old daughter were the only survivors.

Police say Vlach admitted to having around 10 beers and peppermint schnapps the night before the crash that happened in the morning.

11 News asked a local attorney if he has heard of this type of defense technique; he told us he hasn't.

"A hereditary condition would be something that the average population wouldn't be subjected to, and the likelihood is that it's going to be pretty rare that you would run into a person with that," said David Webster of the Jaray Webster Law Firm.

Vlach's previous trial date has been pushed back to give her attorneys time to get the appropriate tests. They also said they plan on getting an expert witness to testify.

The new trial date is set for June 9.