What Happens if You Cause an Accident While Driving Under the Influence in Pennsylvania?

One of the biggest risks of driving under the influence (DUI) is causing an accident that results in serious or fatal injuries. This risk is the reason why driving under the influence is illegal, and it is the reason why Pennsylvania’s penalties for DUI convictions are so severe.

But, what happens if you actually cause an accident while driving drunk?

In Pennsylvania, the consequences of driving under the influence increase substantially if you cause a serious or fatal collision. Along with facing a DUI charge, you can also face a felony charge for aggravated assault or homicide by vehicle.

Understanding the Consequences of Causing a DUI Accident in Pennsylvania

Causing an accident under any circumstances can have life-changing consequences for everyone involved. But, if you cause an accident while you are drunk, the consequences can be far greater. Along with facing liability for the victim’s (or the grieving family’s) losses, you could also face criminal charges, and these charges could lead to fines, prison time, and a criminal record that impacts the rest of your life.

Under Pennsylvania law, if you cause an accident while driving under the influence, you can be charged with either: (i) aggravated assault by vehicle while driving under the influence; or, (ii) homicide by vehicle while driving under the influence. Both of these charges carry penalties far greater than a DUI:

• Aggravated Assault by Vehicle While Driving Under the Influence – Negligently causing serious bodily injury while driving under the influence is a second-degree felony under Pennsylvania law. If convicted, you can face up to a $25,000 fine and 10 years in prison. “Serious bodily injury” is defined as any injury that “creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
• Homicide by Vehicle While Driving Under the Influence – Unintentionally causing the death of another while driving under the influence is also a second-degree felony under Pennsylvania law—in most cases. However, prosecutors can pursue first-degree felony charges if you have a prior conviction for DUI, DUI drugs, or a variety of other felony offenses. Convictions for homicide by vehicle while driving under the influence also carry a minimum prison sentence ranging from three to seven years.

Keep in mind, these are in addition to the penalties for a DUI; and, even if you aren’t ultimately found guilty of causing the accident, you could still be found guilty of driving under the influence. If you refused the breath test, had an open container in your vehicle, or committed any other offense, you can be prosecuted and sentenced for these offenses as well.

Defending Against Charges of Aggravated Assault or Homicide by Vehicle While Driving Under the Influence

When facing charges related to a DUI accident in Pennsylvania, the defenses you have available depend on the circumstances involved. These include the circumstances before, during, and after your arrest, as well as circumstances arising during your criminal case. With this in mind, some examples of defenses you may be able to use to fight your charges include:

1. Challenging the Prosecution’s Evidence of Intoxication and Impairment

One way you can fight to avoid a conviction in a DUI accident case is by challenging the prosecution’s evidence of intoxication and impairment. Since the prosecution has the burden of proof, you don’t need to prove that you were sober—you just need to prevent the prosecution from proving that you were drunk.

From challenging your blood alcohol concentration (BAC) reading to questioning the arresting officer’s interpretation of your performance on the field sobriety tests (FSTs), there are a variety of ways to fight the DUI portion of an aggravated assault or homicide by vehicle charge. If you can successfully challenge the prosecution’s evidence of intoxication and impairment, you may be able to avoid an “ordinary” DUI conviction as well.

2. Challenging the Prosecution’s Evidence of Causation

To secure a conviction for aggravated assault or homicide by vehicle, the prosecution must be able to prove that you caused the accident as a result of driving drunk. If prosecutors cannot prove that you caused the accident, then you do not deserve to be convicted of a felony offense.

3. Raising Constitutional Defenses that Keep the Prosecution’s Evidence Out of Court

It may also be possible to avoid a conviction by keeping the prosecution’s evidence out of court. Even if prosecutors have the evidence they need to convict you, if they can’t present their evidence in court, they won’t be able to meet their burden of proof.

Keeping the prosecution’s evidence out of court often involves asserting your constitutional rights. For example, if the police violated your Fourth Amendment rights by conducting a warrantless search or arresting you without probable cause, any evidence obtained as a result of the violation may be inadmissible at trial.

4. Asserting Other Substantive or Procedural Defenses

Along with these defenses, there are various other types of defenses an experienced lawyer may be able to assert on your behalf as well. When facing the potential for a life-altering sentence, it is imperative that you work with a lawyer who can defend you by all means available.

5. Negotiating a Plea Bargain that Minimizes the Consequences of Your Arrest

Finally, if a conviction at trial appears likely, then it could be in your best interests to negotiate a plea bargain. While this involves pleading guilty, it generally involves pleading guilty to a lesser offense, and it avoids the inherent uncertainty of trial. Your defense lawyer can help you decide if negotiating a plea bargain is in your best interests; and, if so, your lawyer can negotiate with the prosecutor’s office on your behalf.

Discuss Your DUI Accident Case with Philadelphia Defense Lawyer Brian Fishman

If you are facing charges following a DUI accident in Pennsylvania, we strongly encourage you to contact us for more information. For a free and confidential consultation with Philadelphia defense lawyer Brian Fishman, call 267-758-2228 or request an appointment online now.