DUI Accident – Does It Make My Case More Serious?

Posted on September 20, 2022

I was arrested for driving under the influence of alcohol (DUI). My arrest took place after I caused a drunk driving accident. Does the crash lead to more severe charges?

Possibly, yes. Your DUI case will usually become more serious if you drove while intoxicated and caused a motor vehicle accident while doing so. “More serious” means you will likely face more severe penalties, especially if the accident led to:

• property damage,
• injury, or
• fatalities.

Further, if you injured another motorist in a DUI accident, the injured person could try and file a civil lawsuit against you. If successful, the injury “victim” could receive compensation for any injuries.

1. Does a DUI with an accident lead to harsher penalties?

It can. Many states have DUI laws that set forth enhanced penalties if you commit a DUI offense and it is linked to an aggravating factor.

In general, an “aggravating factor” is a circumstance associated with the commission of a crime that increases the crime’s consequences.¹

In the context of a DUI offense, common aggravating factors are if a drunk driving crash causes:

• property damage,
• bodily injury, or
• death.²

So, if a drunk driver causes a car accident and it results in any of the above, then the person would receive more serious penalties if a DUI conviction.

Consider Florida law for example. The state has a statute that says it is an aggravating factor in a DUI case if the offense results in property damage (which includes damage to another person’s car).³

If no property damage, a DUI/DWI in Florida is a misdemeanor punishable by a maximum fine of $500 and up to 60 days in jail time. But a DUI with property damage is a first-degree misdemeanor punishable by a maximum fine of $1,000 and up to one year in jail.⁴

2. What happens if a DUI accident leads to a serious injury or death?

Your DUI penalties will likely increase if you drive intoxicated and cause a car accident that involves great bodily injury or death.

Consider, for example, California law. In a normal DUI without an aggravating factor, the crime is a misdemeanor punishable by a maximum fine of $1,000 and/or up to six months in jail.⁵ But in a DUI accident case involving great bodily injury, the crime is punishable by:

• custody in state prison for up to four years, and/or
• a maximum fine of $5,000.⁶

Note that a DUI accident involving death will lead to even more serious penalties.

For example, under Nevada law, it is a class B felony if you drive under the influence of alcohol and/or drugs and thereby cause the death of another person. The felony charge is punishable by:

• 2 to 20 years in state prison,
• fines ranging from $2,000 to $5,000, and
• a 3-year driver’s license suspension.⁷

3. Will an accident impact a plea deal?

It can, yes. Most DUI crimes result in a prosecutor and defendant entering into a plea deal. A deal secures a guilty conviction for a prosecutor, and in return, helps minimize your DUI penalties.

However, prosecutors are less likely to enter into a deal if a DUI case involves an aggravating factor.

4. Can an accident “victim” file a civil lawsuit?

Yes. If you are guilty of DUI and cause a motor vehicle accident in the commission of the crime, any party suffering a personal injury in the accident can file a civil lawsuit against you.

If successful, the injured person could receive compensation (from you) for such things as:

• medical expenses,
• lost wages,
• loss of future earning capacity,
• property damage,
• out-of-pocket expenses, and
• pain and suffering.

5. Should you contact a criminal defense attorney?

Yes. If you are facing criminal charges of DUI and caused a car accident in the case, it is critical for you to contact a defense attorney or law firm for legal advice.

A DUI attorney can help by:

• working to get you released from custody following a DUI arrest,
• attending court hearings on your behalf, and
• representing you at trial if necessary.

DUI lawyers can also try and contest your DUI charges with a legal defense. In our experiences, some effective defenses include a lawyer showing that:

• you were not under the influence of alcohol,
• law enforcement made mistakes in conducting field sobriety tests,
• a police officer stopped you for DUI without probable cause, and/or
• if an accident occurred, you did not cause it.

Note that if you cannot afford a private DUI defense attorney, you can reach out to a local public defender’s office.

---