If you were charged with driving under the influence, and you were the cause of an auto accident, your chances of a felony charge are increased if you caused severe injuries or a death. Here’s what to know if you were under the influence and in an auto accident.
If no one was severely injured or died as a cause of the accident, the DUI arrest and charge proceedings normally proceed as they would under a normal DUI arrest and you may only face a misdemeanor. However, you may also face additional aggravated DUI charges, which include reckless driving, endangerment, or other crimes.
In the case that the accident caused severe injuries or the death of another person, or mass property damage, you may face being held in jail without an option for bail. Criminal negligence charges may be pressed, or vehicular manslaughter. You should ensure you hire an attorney who is not only experienced with DUI law but violent crimes law, which a vehicular homicide or manslaughter is considered, to prepare the best defense of your case should such an accident occur.
Outside of charges being pressed by your state, the injured parties may additionally sue you for financial coverage or emotional damages. You should ensure you have a DUI lawyer who can help you handle both the charges from the state and any civil lawsuits you receive to assist you during the legal process.
After the accident, while still on scene, remain calm. Although you may feel the urge to flee due to being intoxicated and feeling irrational, you must stay on scene and call 911 for help in the case of injuries. If you flee an auto accident, you face increased charges, jail time, and fines.
Cooperate with all people while on the scene. Give your name, insurance information, and more to the other drivers when they request it. Cooperate with the police and any witnesses but do not admit fault. You still have the right to refuse a field sobriety test but you must take a chemical breath test.
After you are released from the drunk tank or on bail, you should immediately call your lawyer and insurance company to stay on top of the incoming charges, paperwork, and forming defense for both a MVA hearing and when facing the criminal charges.
In Maryland, causing severe or life-threatening injuries in a car accident due to drinking and driving can lead to additional misdemeanor charges (or increase the initial charge to a felony) and increased fines and jail time. You may also receive an aggravated DUI charge instead of a standard DUI charge, which is when additional crimes were observed by the arresting officers.
If there were serious injuries as a cause of the DUI accident you may face a two year prison term and fines up to $3,000. If a fatality occurred as a result of the drunk driving accident, you may face up to 5 years in prison and up to $5,000 in fines. Civil lawsuits also normally follow from the victim’s families, resulting in more financial responsibility and possible additional charges.