A person who is arrested and charged with a DUI in the state of Pennsylvania is already facing a serious disruption in their life, which can carry harsh penalties and significant long-term adverse consequences.  Even if you are not convicted, many people have very negative attitudes to a mere DUI arrest, which many mean that you experience damage to your reputation.  If you are convicted of a DUI, you may be subjected to imprisonment, suspension of your driving privileges, substantial fines and other costs, impounding of your vehicle and other penalties.  These problems are magnified considerably if another person is injured in an accident where you are convicted for driving under the influence.  Pennsylvania law enhances all aspects of the penalties you will face should you be convicted of a DUI involving injury.  It is never advisable to face a DUI without obtaining legal advice from an experienced Pennsylvania DUI attorney, and this is even more true when another person is injured in a DUI related auto accident.

Pennsylvania applys a three-tiered system for charging DUI based on blood alcohol content (BAC) and prior convictions. While DUIs are generally charged as a misdemeanor under Pennsylvania law, they may be charged as a felony if serious injury or death is caused to another person during a DUI related accident.  Felony DUI charges are extremely serious allegations that carry prison time and other harsh penalties.  Felony charges that may apply based on the particular facts of a Pennsylvania DUI case involving serious injury or death include felony DUI injury, aggravated assault while under the influence, and homicide while under the influence.

The potential punishment and other consequences of a DUI conviction increases significantly even if an accident victim suffers only minor injuries.  While it is against the law to operate a motor vehicle with a .08 percent blood-alcohol concentration (BAC), even superficial injuries to another person will result in you being charged with a more serious penalty under Pennsylvania’s multi-tiered DUI system.  If you cause injury to another person and are convicted for a first offense DUI you will be sentenced according to the middle of Pennsylvania’s three-tier system, which applies to individuals with a BAC of .159.  A first offense conviction of DUI with injury will result in a mandatory minimum sentence of 48 hours with a maximum of 6 months in jail instead of 6 months probation, which would apply for a first time DUI without injury.  Your fine for first time DUI offense may also increase from $300 to maximum of $5000.  You will also lose your driver’s license for a year for a first time DUI offense that involves even minor injuries.

If someone has been seriously hurt or killed you face a potential sentence of 90 days of mandatory jail with a maximum prison sentence of 5 years.  Your fines and license suspension will also be substantially more serious.  Beyond the harsher sentence, the district attorney may file additional charges based on the scale of the injury.  Seriously injuring another while driving under the influence allows you to be charged with Aggravated Assault By Vehicle While Driving Under The Influence, which converts the crime to a felony.  Felons cannot receive federal aid, vote, own firearms, or hold some public offices.  It also makes it more difficult to find a job and may result in the revocation of any professional licenses.  If the injured person is killed, the charge is upgraded to Pennsylvania Homicide By Vehicle, which is not only a felony, but has a mandatory three years of prison for each person killed in the accident.

In addition to the penalties that my be imposed in your criminal case, an auto accident involving a DUI will also expose you to civil liability for financial compensation from the injured party (or next of kin). Conviction of a DUI indicates negligence, which makes it much easier for the injured party to seek damages.  It is also common for juries to award punitive damages for DUI related accidents that result in serious physical injury or death which can result in an award of millions of dollars to the accident victim.

While it is never a good idea to take pending Pennsylvania DUI charges lightly, a DUI involving any type of injury can radically impact the course of your life.  Anytime someone is charged with a DUI where any type of injury has occurred to another persion it is critical to contact and experienced Pittsburgh DUI attorney immediately.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.

I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh DUI Defense attorney Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943