What Happens if You Cause a DUI Accident?

Should your DUI accident cause property or vehicle damage, there are additional penalties you will face if convicted.

Along with a DUI charge, penalties include court costs, increased fines, drug or alcohol treatment, alcohol highway safety school, longer driver’s license suspension periods, and potential incarceration. Depending on your blood alcohol content at the time, an Ignition Interlock Device will be installed on your vehicle. You will also be responsible for payment of restitution for any property or vehicle damage. Depending on the extent of damage, your DUI can be deemed a misdemeanor or a felony.

If you were charged with DUI that caused injuries, you can also be charged with Aggravated Assault by Vehicle While DUI. If a death occurred due to the DUI accident, you could be charged with Homicide by Vehicle While DUI, also known as Vehicular Homicide.

If you’re involved in an auto accident while driving drunk and cause another driver, passenger, or pedestrian to serious bodily injury, you can be charged with Aggravated Assault While DUI. You may also be charged even when these injuries are not life-threatening or when the victim or other party caused the accident.

What are serious bodily injury for Aggravated Assault by Vehicle while DUI charges?

The PA Vehicle Code Section 3735.1 deems a serious bodily injury as “any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”

A person must first be found guilty beyond a reasonable doubt of driving under the influence of alcohol or controlled substances in order to be found guilty of Aggravated Assault.

To be found guilty of Aggravated Assault While DUI, the Commonwealth must prove:

1. That the driver’s conduct was negligent, or that the driver engaged in a gross deviation from the standard of care a reasonable person would observe in the driver’s situation;
2. That the driver was the direct cause of the injury sustained by the victim as a result of DUI; and
3. The victim suffered life threatening or disfiguring injuries or suffered any prolonged impairment of the function of a body part.

According to Pennsylvania DUI law, Aggravated Assault While DUI is a second-degree felony punishable by up to 10 years in prison and a fine of up to $25,000.

In Pennsylvania you can be charged with Homicide by Vehicle While DUI when you unintentionally cause a fatal accident because you are impaired by alcohol or drugs. It is also known as Vehicular Homicide in PA.

What is Homicide by Vehicle While DUI Law?

The PA Vehicle Code Section 3735 defines the offense of Homicide by Vehicle While DUI as: “A person who unintentionally causes the death of another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802.”

A person must first be found guilty beyond a reasonable doubt of driving under the influence of alcohol or controlled substances in order to be found guilty of Homicide by Vehicle While DUI.

To be found guilty of Homicide by Vehicle While DUI, the Commonwealth must prove:

1. That the driver’s conduct was negligent, or that the driver engaged in a gross deviation from the standard of care a reasonable person would observe in the driver’s situation; and
2. That the driver was the direct cause of the death sustained by the victim as a result of DUI.

According to Pennsylvania DUI law, for a first offense, Homicide by Vehicle While DUI is a second-degree felony punishable with a mandatory minimum of 3 years in prison and a fine of up to $25,000. In addition, a consecutive three-year term of imprisonment shall be imposed for each victim whose death is the result of the DUI accident.

Moreover, if you have a prior DUI or other felony offenses on your record it is considered a First-Degree Felony punishable by a minimum of five years in prison. If you have two prior DUI offenses, it is punishable by a minimum or seven years in prison. Both with consecutive sentences for each victim

If you or someone you love is charged with Aggravated Assault by Vehicle While DUI or Homicide by Vehicle While DUI / Vehicular Homicide, you are innocent until proven guilty. As an experienced criminal defense attorney, Keith J. Williams has the qualifications and certifications by the state of Pennsylvania to represent you and protect you from life-long consequences.

With the right criminal defense attorney, you may be able to have your charges dismissed or reduced. Contact Keith J. Williams Law today for a FREE Confidential Consultation!

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