Getting behind the wheel while intoxicated can carry ramifications well beyond just the possibility of getting a DUI. Drunk driving carries the risk of a serious or potentially fatal accident happening. If an accident occurs, and someone is hurt, injured, or even killed, the intoxicated driver in that scenario could be facing enhanced penalties to their DUI case.
In A DUI accident involving serious bodily injury to another person, the intoxicated driver may be charged with a violation of Pennsylvania Title 75 PA CSA §3735.1 Aggravated Assault by Vehicle While Driving Under the Influence. This is a felony of the second degree with a statutory maximum of ten years imprisonment. To be convicted of a charge of this nature, the person charged must be convicted of DUI, sustain serious bodily injury, and the cause of that injury must be the result of the driver's criminal negligence. Serious bodily injury means any injury which creates a substantial risk of death, permanent disfigurement, or loss or impairment of the function of any bodily member or organ.
What constitutes negligence in this scenario is not negligence in the usual tort/personal injury sense. Instead criminal negligence carries a higher standard of proof (beyond a reasonable doubt) that the defendant's driving under the influence was a direct and substantial factor in bringing about the injury.
If the worst happens, and someone dies as a result of an accident involving DUI, you can find yourself facing a violation of Pennsylvania Title 75 PA CSA §3735Homicide by Vehicle While Driving Under the Influence. A conviction under this section carries a mandatory minimum of three years in prison for each victim!
Beyond potential jail time, there are multiple legal and monetary issues to handle in a DUI involving serious bodily injury case. Restitution may be ordered to the victim. In a scenario involving serious hospital bills this could potentially be hundreds of thousands of dollars. Also, your conduct in the DUI case may open you up to a civil suit as well. Foregoing an attorney in this scenario is pennywise, pound foolish.
If you or a loved one has been in an accident resulting in serious bodily injury, the criminal consequences are serious and just the beginning. Attorney Frank Walker is an attorney with comprehensive experience in criminal practice as well as personal injury. Walker Law is uniquely positioned to address all the litigious issues that arise from an accident involving DUI. Contact us for your consultation today! Our office number is (412) 532-6805 and lines are open 24/7.
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer and Personal Injury Attorney with offices in Pittsburgh Pennsylvania and Morgantown West Virginia. Attorney Walker is also a member of the National College for DUI Defense and qualified as a Pennsylvania Death Penalty Defense Attorney.
If you or someone you love are facing criminal charges or seriously injured in an accident in WV or PA, contact Attorney Frank Walker immediately at 412-532-6805 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.