Most states are tough on drunk driving. Convicted motorists often face expensive fines, license suspension, and jail time. DUI laws—and the harsh consequences they impose—are aimed at keeping roadways safe.
More specifically, lawmakers want to prevent drunk-driving car accidents. So when a motorist causes a collision while under the influence, states often impose enhanced penalties.
Do All DUI Accidents Lead to Enhanced Punishment?
Being involved in a DUI car accident is almost always going to count against you. But in many states, the accident itself isn’t what leads to increased consequences. Instead, the severities of the possible punishments depend on whether the crash resulted in:
- property damage
- injuries, or
- death.
That’s not to say that minor DUI accidents can’t affect case outcomes. The consequences of a DUI (or any conviction) often depend on the discretion of the prosecutor and judge. When a DUI case involves an accident, prosecutors may be less apt to offer a favorable plea bargain, and judges are unlikely to be lenient.
DUI Offenses Involving Property Damage or Minor Injuries
Some states have DUI enhancements for offenses that result in property damage. But, generally, enhancements for property damage and minor injuries are less severe than those that might apply if someone is injured or killed.
Take Florida, for example. A standard first-offense DUI in Florida is a second-degree misdemeanor and carries up to six months of jail time. But if the offense involves property damage or minor injuries to another, it’s a first-degree misdemeanor, and the possible jail time is doubled to one year.
The story is much the same with Illinois DUI law. There, a first-offense DUI is generally a class A misdemeanor. First-offenders typically face up to one year in jail and $2,500 in fines. However, DUI offenses that involve minor injuries to another are class 4 felonies, which carry up to three years in prison and $25,000 in fines.
DUI Offenses Involving Serious Injuries
When a DUI offender causes serious injuries to another person (like broken bones, severe cuts, injuries requiring hospitalization, and the like), the enhanced penalties are usually severe. There's a pretty good chance the driver will face felony charges and the possibility of a substantial amount of time in jail.
In Florida, for example, if someone suffers “serious bodily injury,” the DUI will be a third-degree felony, and the driver can spend up to five years in prison.
Similarly, in Illinois, causing serious injuries while driving under the influence can result in the driver spending up to 12 years in prison.
DUI Offenses Involving Deaths
When a DUI involves deaths, it's all but guaranteed that the offender will do substantial prison time.
Under Florida law, for instance, motorists who cause the death of another person while driving under the influence can be convicted of “DUI manslaughter,” a first or second-degree felony; convicted drivers face up to 30 years in prison.
In Illinois, DUI offenders who cause fatal accidents can be convicted of a class 2 felony and sentenced to a maximum of 14 years in prison (28 years if two or more deaths resulted from the accident).
Readers’ DUI-Accident Experiences
In 2015, we surveyed readers across the United States who had been arrested for DUIs. Just less than 10% of the readers who took our DUI survey had been involved in an accident at the time they were arrested for drunk driving. We compared what they told us with the reported experiences of readers arrested for standard DUIs (DUIs not involving accidents). Here’s what the results showed:
- Costs were higher. On average, DUIs with accidents cost our readers $7,600 (including court and attorneys’ fees). Those arrested for standard DUIs paid on average $5,900.
- Prosecutors were more likely to file charges. Of our readers arrested for standard DUIs, 16% were never charged by the prosecution. Compare that with 9% of those arrested for accident DUIs.
- Conviction rates were up. A lofty 82% of readers arrested for DUI collisions were ultimately convicted of a DUI and 9% were convicted of a lesser offense. Of those arrested on standard DUIs, only 51% were convicted of a DUI and 14% were convicted of a lesser offense.
- Cases took longer to resolve. It took our readers 10 months on average to resolve a DUI involving an accident, compared to 4.6 months for those arrested for standard DUIs.
Our survey results are consistent with the theme that prosecutors and courts are more severe with DUI offenders who actually lose control of their cars and smash into something or someone.
Talk to a DUI Lawyer
DUI convictions come with serious consequences, especially when the case involves a fender bender. If you’ve been arrested for driving under the influence, get in contact with an experienced DUI lawyer. A qualified DUI attorney can tell you how the law applies to the facts of your case and let you know what you’re up against.