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DUI with Accident but No Injury: Is It Still Serious?

Posted by John Campanella | Aug 31, 2024 | 0 Comments

Driving under the influence (DUI) is a serious offense that carries significant legal and personal consequences. But what happens when a DUI results in an accident without injuries? Is it still considered more serious? Let's explore the various scenarios and their potential outcomes.

1. What if You Did Not Cause the Accident?

If you're involved in an accident while under the influence but didn't cause it, you can still face severe consequences. Here's why:

  • Legal Liability: Even if you didn't cause the accident, being intoxicated can still lead to DUI charges. In most states, if your blood alcohol content (BAC) is above 0.08%, you're considered legally impaired. For example, in California, you could face penalties that include fines up to $1,000, a six-month license suspension, and mandatory DUI education programs, even if you weren't at fault.

  • Insurance Consequences: Insurance companies can still raise your premiums significantly if you're convicted of a DUI, regardless of fault. On average, a DUI conviction can increase your insurance rates by 80% or more.

Example:

Imagine you're stopped at a red light, and another car rear-ends you. If you're found to be over the legal BAC limit, you could still face DUI charges, even though the accident wasn't your fault.

2. What Happens with a DUI Car Accident That Does Not Cause an Injury?

Even without injuries, a DUI accident is treated seriously by law enforcement and the legal system. Here's what you can expect:

  • DUI Charges: You'll face standard DUI charges, which could include fines, community service, license suspension, and even jail time, depending on your BAC level and prior offenses. For example, in Texas, a first-time DUI offender can face fines up to $2,000, jail time ranging from 3 to 180 days, and a license suspension of up to one year.

  • Property Damage: You'll be responsible for any property damage caused by the accident. This can include repairs to vehicles, public property, or other personal property. In some cases, the costs can run into thousands of dollars.

Example:

Suppose you sideswipe a parked car while driving under the influence. Even though no one was injured, you'd still face DUI charges, fines, and be responsible for repairing the damage to the other car.

3. What if Drunk Driving Crashes Cause Minor Injuries?

When a DUI accident causes minor injuries, the consequences become more severe. Here's what to expect:

  • Enhanced Charges: Minor injuries can lead to enhanced DUI charges, which carry stiffer penalties. For instance, in Florida, causing bodily harm while DUI can elevate the charge to a third-degree felony, punishable by up to five years in prison and fines up to $5,000.

  • Victim Restitution: You may be required to pay restitution to the injured parties for medical expenses, lost wages, and pain and suffering. This could add up to significant financial liability.

Example:

If you run a red light while intoxicated and cause a minor accident where someone gets a few stitches, you could be looking at felony charges, higher fines, and mandatory restitution payments.

4. What Happens with a DUI Accident Involving a Serious Injury?

Serious injuries resulting from a DUI accident elevate the situation to a much more severe level. Here's what you need to know:

  • Felony Charges: Most states classify DUI accidents causing serious bodily injury as felonies. For example, in Illinois, an aggravated DUI causing great bodily harm can result in a Class 4 felony, with penalties including 1 to 12 years in prison and fines up to $25,000.

  • Long-Term Consequences: A felony conviction can have long-term impacts on your life, including loss of driving privileges, difficulty finding employment, and the stigma of a criminal record.

Example:

Imagine driving under the influence and causing a crash that leaves another driver with a broken leg. This type of injury could lead to felony charges, significant prison time, and substantial financial penalties.

5. What if You Help Cause a DUI Accident and Someone Dies?

If a DUI accident results in a fatality, the legal and personal consequences are extremely severe:

  • Vehicular Manslaughter or Homicide: Many states prosecute fatal DUI accidents as vehicular manslaughter or homicide. For instance, in California, DUI causing death can be charged as gross vehicular manslaughter while intoxicated, carrying a sentence of 4 to 10 years in prison, or second-degree murder, which can lead to 15 years to life in prison.

  • Civil Liability: In addition to criminal charges, you could face wrongful death lawsuits from the victim's family, leading to substantial financial settlements or judgments.

Example:

If you drive drunk and cause an accident that results in the death of another driver, you could be charged with vehicular manslaughter or even second-degree murder. This could lead to decades in prison and millions of dollars in civil liability.

Conclusion

Driving under the influence is a serious offense with far-reaching consequences, even if an accident doesn't result in injuries. From increased insurance rates and legal penalties to the potential for felony charges and civil liability, the impact of a DUI accident can be life-changing. It's crucial to understand the risks and avoid driving under the influence altogether.

About the Author

John Campanella

I have been representing people accused of drunk driving since I began practicing in 1995. I am active member of the National College of DUI Defense, a member of California DUI Lawyers Association, I am certified by the National Highway and Traffic Association for the administration of Field Sobriety Tests. I regularly attend DUI continuing education of the Bar, have tried over 35 Jury Trials, hundreds of pretrial motions and over 1000 DMV hearings all relating to DUI cases.

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