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.
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Aggravation.”
- See, for example, Revised Code of Washington RCW 46.61.5055.
- See Florida Statutes 316.193.
- See same.
- Note that a first-time California DUI with a blood alcohol content (BAC) of around .08% can also result in a driver’s license suspension or revocation, DUI school, and installation of an ignition interlock device (IID).
- See California Vehicle Code 23566 VC.
- See Nevada Revised Statutes 484C.430 (on felony DUI).