Pennsylvania DUI Resulting in Injury
Pittsburgh law firm defends motorists facing enhanced penalties
Driving under the influence of alcohol or drugs (DUI) is a serious offense in Pennsylvania. Even a first-time offense can bring fines, license suspension, treatment requirements and sometimes jail. The DUI laws are complicated, with grading of offenses based on blood alcohol content (BAC). Penalties increase based on the driver’s prior record and the presence of aggravating factors. One of these factors is bodily injury resulting from DUI. If you’re charged with this offense, the firm of Phil DiLucente & Associates, LLC is ready to fight for you. Based in Pittsburgh, we represent clients throughout Western Pennsylvania.
Why DUI with injury is a more serious charge
Under the main Pennsylvania DUI statute, 75 Pa.C.S. § 3802, there are three levels of DUI offenses, each with their own penalty structures:
- Tier 1 — General impairment (.08 to .099 percent BAC)
- Tier 2 — High BAC (.10 to .159 percent BAC)
- Tier 3 — Highest BAC (.16 percent and higher)
When a DUI causes injury to another person than the driver, Pennsylvania treats it as a different category of offense. District attorneys tend to push harder for conviction and the potential consequences grow. Under 75 Pa.C.S. § 3803, DUI with injury can be prosecuted as a misdemeanor, with the degree and penalties varying based on the driver’s prior record. If serious injuries result, there can be a felony charge of aggravated assault by vehicle while DUI under 75 Pa.C.S. § 3735.1. If death results, there can be a charge of homicide by vehicle while DUI under 75 Pa.C.S. § 3735.
What counts as bodily injury?
The term “bodily injury” is broadly defined under Pennsylvania law. It doesn’t have to be a broken bone or a major wound. Pain, discomfort or any physical impairment can qualify. For a charge of aggravated assault by vehicle while DUI, however, there must be “serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” We obtain and closely examine the victim’s medical records to determine if the alleged injury actually meets the legal standard.
Penalties for DUI causing bodily injury
A conviction of DUI causing bodily injury can bring a sentence of six months for a first offense. Depending on the BAC level and any prior DUIs, mandatory minimum sentences may apply. License suspensions are often longer and Accelerated Rehabilitative Disposition (ARD) becomes harder to obtain. A conviction of aggravated assault by vehicle while driving under the influence is punishable as a second-degree felony, which carries a prison sentence of up to 10 years and a maximum $25,000 fine.
Why these cases require skilled legal representation
DUI cases involving bodily injury are complex and demand a careful, strategic approach. As experienced Pennsylvania DUI defense lawyers, we look primarily at causation. Did our client actually cause the injury or did something else contribute? Sometimes the accident would have happened regardless of impairment. Sometimes the injury isn’t as serious as the prosecution claims. We bring in experts when needed, such as accident reconstruction specialists, medical professional or toxicologists. The sooner we can gather evidence and investigate, the better positioned we are to advocate for our client.
Contact a Pennsylvania DUI defense lawyer for a free consultation
If you or someone you care about is facing a DUI charge involving bodily injury, Phil DiLucente & Associates, LLC in Pittsburgh is here to help. We represent clients across Western Pennsylvania. Call 1.800.GET.PHIL or contact us online to make an appointment for a free consultation.
