DUI WITH ACCIDENT ATTORNEY
If you were arrested for DUI, consider yourself lucky if you were not involved in an accident. However, if you were involved in a DUI with accident incident, you need to obtain proper advice and representation as soon as possible.
Most significantly, if you are being investigated for causing an accident while under the influence of drugs or alcohol, you should remain silent and exercise your right to have an attorney present with you during any police questioning. If any of these circumstances apply to you, call the Zuckerman Law Firm immediately at 412-447-5580.
What are the penalties for a DUI with Accident charge?
If you are involved in an accident that causes property damage or bodily injury to yourself or another person, you can be charged with a DUI With Accident Charge. As noted on our PA DUI Laws & Penalties page, a DUI With Accident offense is a high tier offense, punishable as follows:
- First Offense: Ungraded misdemeanor with mandatory minimum jail sentence of up to 48 hours in jail, maximum jail sentence of up to 6 months, fine ranging from $500 to $5,000 and a 12 month license suspension
- Second Offense: Ungraded misdemeanor with mandatory minimum jail sentence of up to 30 days in jail, maximum jail sentence of up to 6 months in jail, fine ranging from $750 to $5,000 and a 12 month license suspension
- Third Offense: 1st degree misdemeanor with mandatory minimum jail sentence of up to 90 days in jail, maximum jail sentence of up to 5 years in prison, fine ranging from $1,500 to $10,000 and an 18 month license suspension
- Fourth or Subsequent Offense: 1st degree misdemeanor with mandatory minimum prison sentence of 1 year without house arrest eligibility, maximum jail sentence of up to 5 years in prison, fine ranging from $1,500 to $10,000 and an 18 month license suspension
You will also be ordered to pay restitution for any unpaid property damage or medical bills incurred as a result of the accident.
DUI With Accident Defined
Under Sections 3802 and 3804 of the Motor Vehicle Code, the Commonwealth must prove the following:
- That you drove, operated or exercised physical control over the movement of a vehicle;
- That you imbibed alcohol to a degree that rendered you incapable of safe driving; and
- That there was an accident resulting in bodily injury, serious bodily injury or death of any person or that there was damage to a vehicle or other property.
A DUI with accident charge is typically charged in situations where there is minor property damage or personal injury to another. If you caused serious injuries to another person, you will face Aggravated Assault While DUI charges. If another person died in an accident, you will face Homicide by Vehicle and Homicide by Vehicle While DUI charges.
This charge applies to single vehicle accidents, even if you are the only person to sustain injuries or damage to your own personal property.
Can I be charged with DUI With Accident if I was not at fault for causing the accident?
Yes, case law in Pennsylvania establishes that you do not need to be at fault for causing an accident to be charged with a DUI with accident offense. If you are Driving Under the Influence and an accident occurs for any reason, causing property damage or injury to another, you can be prosecuted and convicted of this charge.
As a former prosecutor, Attorney Zuckerman prosecuted a case where a victim was hit in a head on collision while driving safely, the victim had staples inserted to reattach his scalp to his head, and the victim was prosecuted for DUI when his blood results at the hospital proved he drove with a BAC over the legal limit.
Can I receive House Arrest or ARD for a DUI With Accident charge?
With the help of a skilled Pittsburgh DUI Attorney, you may be able to avoid jail time or gain access to the ARD program. Even when the case against you is strong, the Zuckerman Law Firm fights diligently for its clients to obtain the best possible results, which may include:
- Acceptance into the Accelerated Rehabilitative Disposition (ARD) program.
- House Arrest instead of jail.
- Alternative Housing instead of jail.
To learn more about how the Zuckerman Law Firm fights DUI With Accident charges, please visit our DUI Overview page.
AS EXPERIENCED FORMER PROSECUTORS AND DUI DEFENSE LAWYERS, THE ZUCKERMAN LAW FIRM CAN HELP. CALL 412-447-5580 TODAY FOR A FREE CONSULTATION.