What Is a DUI With Injury?

When an impaired driver causes a crash that hurts someone, the case becomes much more serious than an ordinary DUI.

What prosecutors must prove

Generally:

1. The defendant drove a vehicle;
2. While impaired by alcohol or drugs, or with a BAC at or above the legal limit (0.08% in most states, 0.05% in Utah) (NHTSA);
3. Committed an unlawful act or neglected a duty while driving (in many states); and
4. That conduct caused bodily injury to another person.

The precise elements, and the name of the crime, depend on state law. Some states call it "DUI causing injury," "vehicular assault," or "aggravated DUI."

Misdemeanor or felony?

• Minor injuries can sometimes be charged as an enhanced misdemeanor.
• Serious bodily injury, such as broken bones or permanent harm, commonly makes it a felony.
• A death is usually charged as vehicular homicide or manslaughter.

Possible penalties

• Prison or jail, sometimes with mandatory minimums
• Long license revocation and ignition interlock requirements
• Fines and probation
• Restitution, ordering the defendant to repay victims' losses such as medical bills and lost wages (Cornell LII)
• Treatment programs and victim impact panels
• A permanent criminal record; felony convictions affect jobs, housing and gun rights

Can you be charged days after a crash?

Yes. Blood test results, medical records and witness statements can take time, so charges are sometimes filed days or weeks later.

The civil side

Victims can sue the driver separately for damages, and an at-fault driver's auto insurer generally handles the civil claim, although many policies exclude punitive damages. See what happens when a drunk driver hits you.

Defense issues

• Whether the stop and arrest were lawful
• Accuracy and handling of blood or breath tests
• Whether impairment, rather than another factor such as road conditions or the other driver's actions, caused the crash
• The severity of injuries, which can determine the charge level

What to do if charged

Do not discuss the crash with police, the victim or insurers before getting legal advice, and do not post about it. Contact a criminal defense lawyer immediately, especially because the license suspension deadline still applies. See what to do after a first DUI arrest.

Sources

1. Cornell Law School LII: Driving under the influence
2. Cornell Law School LII: Restitution
3. NHTSA: Drunk driving