I was detained for operating a vehicle while intoxicated (DUI). After I caused a drunk driving accident, I was arrested. Does the collision result in more serious charges?
It might. If you were drunk while you operated a motor vehicle and caused an accident, your DUI case will likely grow more serious. “More serious” mean that you will probably be subject to harsher punishments, especially if the accident resulted in damage to property, injuries, or deaths.
Additionally, if you caused an accident while under the influence and caused harm to another driver, they may try to sue you in court. If successful, the “victim” of the accident could be compensated for any harm.
Keep reading to get answers to other questions about car accidents involving intoxicated drivers. If you have been charged with a DUI, whether it involved an accident or not, you can contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.
Are the consequences for a DUI accident more severe if an accident occurred?
If you violate a state’s DUI rules and it is determined that an aggravating circumstance was present, several states have statutes that impose harsher punishments. An “aggravating element” is often defined as a situation connected to the conduct of a crime that heightens the crime’s repercussions.
The following situations frequently qualify as aggravating elements in the context of a DUI offense: damage to property, physical harm, or demise. Therefore, if an intoxicated driver causes a vehicle accident and any of the aforementioned consequences occur, the offender would face harsher punishments in the event of a DUI conviction.
What occurs when a drunk driving accident results in a significant injury or fatality?
If you are driving while drunk and cause an accident that results in severe physical harm or death, your DUI penalties will probably rise.
In California, a misdemeanor DUI without an aggravating circumstance carries a potential $1,000 fine and/or a possible six-month prison sentence. But when a DUI collision results in significant physical harm, the following penalties are applicable: a $5,000 maximum fine or up to four years of state jail time.
Be aware that more harsher punishments will apply if a drunk driving accident results in death. You could end up facing manslaughter charges.
How would an accident affect a plea bargain?
Most DUI offenses end with a plea agreement between the prosecution and the offender. Deals enable prosecutors to obtain guilty verdicts, which reduces your DUI penalty in exchange. However, if there is an aggravating component in a DUI case, prosecutors are less likely to agree to a plea bargain.
Can the “victim” of an accident bring a civil lawsuit?
Yes. Any individual who sustains a physical injury in the accident may launch a civil lawsuit against you if you are found guilty of DUI and cause a motor vehicle accident while committing the felony. If successful, the aggrieved party could be compensated by you for things like medical costs, missed income, diminished ability to earn in the future, property damage, out-of-pocket costs, and suffering.
Must you get in touch with a criminal defense lawyer?
Yes. It is crucial for you to speak with a defense lawyer or law firm for legal counsel if you are facing criminal DUI charges and the case involves you causing an automobile accident. A DUI lawyer can assist by trying to have you freed from detention after a DUI arrest, appearing in court on your behalf, and, if necessary, representing you at trial.
DUI attorneys might also attempt to challenge your DUI accusations in court. We might work to show that you weren’t drunk, the police botched the field sobriety tests they administered, you were stopped for a DUI without good reason, and you didn’t cause the accident if one did happen.
To get started, contact Simmons Wagner, LLP at (949) 439-5857.