Pennsylvania DUI Resulting in an Accident
Pittsburgh lawyers provide strong defense in DUI crash cases
Driving under the influence of alcohol or drugs (DUI) is a criminal offense in Pennsylvania. Even a first-time conviction can bring fines, license suspension, substance abuse treatment requirements and sometimes jail. When a DUI involves an accident, the situation becomes more serious and the penalties can escalate. If you’ve been charged with DUI that caused an accident, it is important to remember that defenses do exist. An experienced attorney can make a meaningful difference in the outcome. At Phil DiLucente & Associates, LLC in Pittsburgh, we represent people in DUI accident cases throughout Western Pennsylvania.
Understanding DUI charges involving an accident in Pennsylvania
Pennsylvania law, 75 Pa.C.S. § 3802, defines DUI as driving with an illegal blood alcohol concentration (BAC), driving while impaired by alcohol or driving under the influence of controlled substances. There are three levels of DUI offenses, each with their own penalty structures:
- Tier 1 — General impairment (.08 to .099% BAC)
- Tier 2 — High BAC (.10 to .159% BAC)
- Tier 3 — Highest BAC (.16% and higher)
A DUI causing an accident can affect the grading of the offense. If the accident results in bodily injury or in damage to a vehicle or other property, the offense is a misdemeanor, with prison sentences varying based on whether there are prior offenses. An accident may also make the person subject to high BAC penalties even if their BAC is not in the high category.
An accident involving serious bodily injury, defined as “serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ,” can lead to a separate felony charge of aggravated assault by vehicle while DUI. If death results, there can be felony charge of homicide by vehicle while DUI.
Defenses to DUI accident charges
Despite the seriousness of these charges, DUI accident cases are often defensible. Common defenses include challenging the legality of the traffic stop, disputing the officer’s probable cause for arrest and contesting the accuracy or reliability of chemical test results. Accident-specific defenses can be based on evidence that another driver caused the crash, that poor road or weather conditions contributed to the collision or that mechanical failure played a role. In some cases, the prosecution cannot prove who was driving or cannot establish a causal link between alleged impairment and the accident. If police violated your constitutional rights at any stage, key evidence may be suppressed.
What to do after a DUI accident arrest
If you’ve been charged with DUI after an accident, it’s important to take immediate action. Call us. Avoid discussing the incident with police without an attorney present and preserve any evidence that may help your defense, such as photographs, witness information and medical records. You should also avoid speaking with insurance companies until you have legal guidance. Contacting a defense lawyer as soon as possible is critical, as evidence can disappear quickly and important deadlines must be met.
How a skilled Pennsylvania DUI defense lawyer can help
A DUI accident charge is serious, but you do not have to face it alone. A skilled Pennsylvania DUI defense lawyer can conduct an independent investigation of the accident, review police reports and video footage, challenge BAC results and field sobriety tests, identify constitutional violations, negotiate with prosecutors and protect your driving privileges. When necessary, your attorney can prepare a strong defense for the preliminary hearing and trial and fight for the best possible outcome.
Contact a Pennsylvania DUI defense lawyer for a free consultation
Phil DiLucente & Associates, LLC in Pittsburgh defends motorists in DUI cases throughout Western Pennsylvania. If you or someone you care about has been charged with DUI involving an accident, call 1.800.GET.PHIL or contact us online to make an appointment for a free consultation.
