When drunk driving causes injury or death, charges escalate from traffic offenses to serious felonies. Vehicular assault, vehicular manslaughter, and even murder charges can result, carrying potential decades in prison. Understanding these charges and possible defenses is critical for anyone facing DUI with serious consequences.
DUI Causing Injury
Driving under the influence that causes bodily injury to others typically constitutes vehicular assault or aggravated DUI. Even relatively minor injuries can trigger felony charges when caused by impaired driving.
Elements typically include driving under the influence (BAC at or above legal limit, or impairment from drugs/alcohol), causing a collision, and injuring another person (drivers, passengers, pedestrians, or others).
Penalties depend on injury severity, defendant's prior record, and aggravating factors. Prison sentences of 2-10 years are common, with more serious injuries bringing longer potential terms.
DUI Causing Death
Vehicular manslaughter or vehicular homicide applies when DUI causes death. These charges recognize that while the defendant didn't intend to kill, their conscious decision to drive impaired created the deadly situation.
Vehicular manslaughter sentences typically range from 4-15 years in prison, depending on the state, defendant's history, and case circumstances. Multiple deaths can bring consecutive sentences.
DUI Murder
In some circumstances, DUI causing death can be charged as murder rather than manslaughter. This typically requires the defendant knew their conduct posed extreme danger to human life—usually established by prior DUI convictions, prior DUI education warning about fatal consequences, or extremely reckless behavior.
DUI murder (sometimes called "Watson murder" after a California case) carries sentences of 15 years to life. It applies when defendants who've been warned about deadly DUI consequences kill someone while driving drunk.
Causation Challenges
The prosecution must prove impaired driving caused the injuries or death. Defense may challenge causation when other factors contributed—the victim's own negligence, mechanical failures, road conditions, or other drivers.
If impairment wasn't a cause of the accident, injury charges may not stand even if the defendant was technically DUI. Proving the accident would have occurred regardless of impairment undermines the causation element.
Intoxication Level Defenses
Challenging whether the defendant was actually impaired at the time of the accident matters even more in injury cases. Blood draws taken hours after accidents may not accurately reflect BAC at the time of driving. Rising blood alcohol, testing errors, and medical conditions affecting results are all potential defense avenues.
Civil Liability
Beyond criminal charges, DUI drivers who cause injuries face civil lawsuits from victims. Civil damages in DUI injury cases can reach hundreds of thousands or millions of dollars for medical expenses, lost wages, pain and suffering, and punitive damages.
Criminal conviction strongly supports civil liability, though civil cases require only "preponderance of evidence" rather than criminal proof "beyond reasonable doubt."
Restitution Requirements
Criminal courts order restitution to victims as part of sentencing. Restitution covers victims' out-of-pocket losses including medical bills, property damage, lost income, and funeral expenses in death cases.
Restitution is mandatory in most jurisdictions and must be paid regardless of ability. Failure to pay restitution can violate probation or parole conditions.
Defense Strategies
DUI injury and death cases require comprehensive defense addressing both the DUI elements (was the defendant impaired, was testing accurate) and the injury elements (did impairment cause the accident, what were victim's injuries).
Accident reconstruction experts may show other factors caused the collision. Medical experts may challenge injury causation or severity. Aggressive investigation and expert testimony are essential for effective defense.
Plea Negotiations
Given severe potential sentences, plea negotiations are important. Reducing murder charges to manslaughter, or manslaughter to DUI with injury, dramatically affects sentencing exposure. Experienced defense counsel may negotiate substantially reduced charges based on case weaknesses or mitigating circumstances.
If you're facing DUI charges involving injury or death, you need immediate legal representation. These are among the most serious criminal charges, and your future depends on the quality of your defense.