A driver who is accused of causing serious injury to another person when involved in a Pennsylvania auto accident while under the influence of alcohol and/or engaging in other unsafe illegal driving practices faces very serious potential consequences. A recent case decided by a Pennsylvania appellate court provides a good primer on the serious consequences of being involved in an accident causing injury when also charged with DUI. Pittsburgh DUI defense attorney Michael V. Worgul represents Pennsylvania residents in the Pittsburgh metro area and throughout Pennsylvania charged with serious drunk driving and criminal offenses. We understand the enormous consequences of a serious criminal offense and have helped hundreds of clients just like you so call us today at 412-475-9217.
In Pennsylvania, aggravated assault by driving while under the influence occurs when someone negligently causes serious bodily injury to someone else when the person is driving under the influence of alcohol or a controlled substance, 75 Pa.C.S. Sec. 3735.1(a). This is a serious offense, which constitutes a second-degree felony under Pennsylvania criminal law that can have a significant negative impact upon someone who is convicted under this criminal code section.
An interesting issue in the Commonwealth of Pennsylvania v Daniel J. Schmohl that was at issue is Pennsylvania’s Reckless Endangerment of Another Person (REAP) law. A violation of REAP occurs when an intoxicated driver places another person in danger of death or serious bodily injury (18 Pa.C.S. Sec. 2705). In such cases, the State must establish that the defendant (intoxicated driver) exhibited willful or wanton disregard for the safety of persons or property in violation of 75 Pa.C.S. Sec. 3736(a). In this case, the volume of alcohol consumed was almost 6 large beers so becoming involved in an accident was serious enough to impose Pennsylvania’s REAP law which was a factor in the sentencing in the case.
The court found that the driver had consciously disregarded a substantial and unjustifiable risk that his conduct may seriously injure someone. The factors that lead to this conclusion by the appeals court were that the drunk driver had consumed an excessive amount of alcohol, sped while DUI, failed to utilize his high beams and carelessly drove across a fog line, directly striking the victim with forceful impact.
Driving while intoxicated and especially being involved in an accident is a serious but the punishment and long-term consequences can be far more severe when a person is seriously hurt in an accident while a driver is under the influence of alcohol. If you are arrested for DUI and have been involved in an accident with injuries, you will face additional charges and much more severe punishment. If you or someone you love has been charged with DUI that results in an accident that causes serious injury, Michael V. Worgul can evaluate your situation and explain your options. We zealously represent those facing serious DUI related offenses in the greater Pittsburgh area and throughout Pennsylvania so contact us today at 412-475-9217.
