What Happens if You’re Involved in a DUI Accident? – Civil and Criminal Liability in Pennsylvania

Posted: Tuesday, August 27, 2024
By: Paul Bauer

What Happens if You’re Involved in a DUI Accident? – Civil and Criminal Liability in Pennsylvania

Being involved in a DUI accident is a life-altering event with severe legal consequences. In Pennsylvania, the repercussions extend beyond a typical DUI charge, as you could face both criminal and civil liability. If you find yourself in this situation, it’s important to understand the potential outcomes, as well as your rights and options.

1. Criminal Liability for a DUI Accident

If you are involved in an accident while driving under the influence, you can be charged with several criminal offenses. The severity of these charges depends on factors like whether anyone was injured or killed, the extent of property damage, and your blood alcohol content (BAC) at the time of the accident.

DUI Charges

Regardless of the circumstances, you will face DUI charges if your BAC is above the legal limit of 0.08%. If your BAC is significantly higher (0.16% or above), the penalties are more severe, and you may face the highest tier of DUI charges.

Aggravated Assault by Vehicle While DUI

If someone is injured in the accident, you could be charged with Aggravated Assault by Vehicle While DUI, a second-degree felony in Pennsylvania. This charge carries substantial penalties:

Prison Sentence: Up to 10 years.
Fines: Up to $25,000.
License Suspension: Mandatory 1-year suspension.

This charge applies whether the injuries are minor or serious, and the prosecution will attempt to prove that your DUI was the direct cause of the injuries.

Homicide by Vehicle While DUI

If the DUI accident results in death, you could face charges of Homicide by Vehicle While DUI, a second-degree felony. This is one of the most serious charges you can face in Pennsylvania, with life-altering consequences:

Prison Sentence: Minimum of 3 years per fatality, with no possibility of parole during that period.
Fines: Up to $25,000.
License Suspension: Mandatory 3-year suspension.

Even if this is your first DUI offense, the penalties are harsh due to the fatal nature of the accident. It’s crucial to seek legal representation immediately if you are facing these charges.

Additional Criminal Charges

In addition to DUI-related charges, you could also be charged with:

Reckless Endangerment: For putting others at risk, which could add additional fines and jail time.
Fleeing the Scene of an Accident: If you leave the scene, this will result in further criminal charges and penalties.

2. Civil Liability for a DUI Accident

Beyond criminal charges, a DUI accident can also lead to significant civil liability. If your actions result in injuries, property damage, or death, the victims (or their families) may file a civil lawsuit against you to recover damages. Civil cases are separate from criminal proceedings, and you can be held liable even if you are not convicted of a crime.

Types of Civil Damages

In a civil lawsuit following a DUI accident, the injured party may seek compensation for several types of damages, including:

Medical Expenses: To cover hospital bills, rehabilitation costs, and ongoing medical care.
Property Damage: To repair or replace any property damaged in the accident, such as vehicles or personal belongings.
Lost Wages: For income lost due to the inability to work following the accident.
Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
Wrongful Death: If someone was killed in the accident, their family may file a wrongful death lawsuit to recover funeral expenses, lost income, and emotional suffering.

Punitive Damages

In some cases, Pennsylvania courts may award punitive damages to punish the driver for reckless behavior. These damages are meant to deter future reckless conduct and can be substantial, depending on the severity of the accident and your actions.

3. Insurance Implications After a DUI Accident

If you’re involved in a DUI accident, your auto insurance rates will likely increase significantly. Worse, if the damages and injuries exceed your insurance coverage limits, you may be personally liable for the excess. Additionally, some insurance policies may include a DUI exclusion clause, which limits coverage in the event of a DUI-related accident. This could leave you responsible for covering all costs out of pocket, including legal fees, damages, and medical expenses.

After a DUI accident, insurance companies may require you to file an SR-22 certificate, which proves you have the minimum required auto insurance. This certificate can lead to higher premiums for several years and may be required for license reinstatement after suspension.

4. Penalties for a DUI Accident Involving Property Damage

If the DUI accident involves only property damage (e.g., hitting another vehicle or damaging a fence), the penalties are still significant, although they may not involve as long a prison sentence. You could face:

Fines: Up to $10,000.
Jail Time: Depending on the extent of damage and your BAC level, jail time could range from several days to months.
License Suspension: Between 12 and 18 months.

While property damage DUI cases don’t typically carry the same weight as those involving injuries or fatalities, the long-term consequences on your record, finances, and driving privileges are still impactful.

5. Defending Against DUI Accident Charges

If you are involved in a DUI accident, defending yourself against both criminal and civil liability can be a complex process. However, an experienced DUI attorney can help you build a defense, which may include:

Challenging the Validity of Field Sobriety or Chemical Tests: If the tests were improperly administered, your BAC results may be inadmissible in court.
Questioning Causation: In cases of injury or death, your attorney may argue that the accident was caused by other factors, not solely your intoxication.
Plea Bargains: In some cases, your attorney may negotiate a plea bargain to reduce the charges or penalties you face.

Conclusion

Being involved in a DUI accident in Pennsylvania can lead to both criminal charges and civil liability, with severe consequences ranging from prison time to significant financial damages. If you’re facing DUI charges after an accident, it’s essential to understand your legal rights and seek experienced legal representation to minimize the impact on your life. Have you been involved in a DUI accident and need legal assistance? Contact our office today to discuss your case and explore your options for defense.