{"id":286714,"date":"2025-11-21T09:24:59","date_gmt":"2025-11-21T14:24:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/drunk-driving-accidents.html"},"modified":"2025-11-21T09:40:00","modified_gmt":"2025-11-21T14:40:00","slug":"drunk-driving-accidents","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/drunk-driving-accidents.html","title":{"rendered":"Driving Under the Influence Charges and Drunk Driving Accidents"},"content":{"rendered":"\n
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Driving Under the Influence Charges and Drunk Driving Accidents<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Driving Under the Influence<\/span> (DUI<\/span>) charges involve operating a vehicle while impaired by alcohol or drugs, typically with a blood alcohol content<\/span> of 0.08% or higher (0.05% in Utah). When a DUI<\/span> results in an accident, penalties become more severe and may include upgraded charges from misdemeanor<\/span> to felony, longer jail sentences<\/span>, and civil liability for damages. Accident victims can also sue for medical bills, lost wages, pain and suffering, and potentially punitive damages, regardless of the criminal case<\/span> outcome.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Drunk driving accident cases tend to involve serious bodily injuries. Many leave the accident victim with life-threatening injuries.<\/p>\n

For this reason, the drunk driving laws in the U.S. are very strict. They carry stiff penalties, including jail time, fines, and a driver\u2019s license suspension<\/a>. If you cause an accident while driving under the influence, you\u2019ll face additional penalties and potential legal action on the part of the victim (or their family).<\/p>\n

In this article, we\u2019ll discuss how DUI charges<\/a> work and the penalties for causing a DUI crash. If you\u2019re facing drunk driving charges or other criminal penalties, consult a criminal defense attorney<\/a> as soon as you can. They can be a trusted ally during this very confusing and nerve-wracking process.<\/p>\n

What Happens if You Get in an Accident While Drunk?<\/h2>\n

If you cause an accident while under the influence of alcohol or drugs, you’ll likely face criminal charges. You may be arrested and jailed. A DUI conviction<\/a> for someone involved in a serious accident almost always results in an increased penalty.\u00a0<\/p>\n

Safety is the first priority in any accident scenario. Drunk driving accidents can cause severe injuries, so first responders will focus on treating any urgent wounds. But after immediate medical care, investigating the crash is the next concern.<\/p>\n

Law enforcement cannot catch everybody who drives after drinking alcohol or using drugs<\/a>. However, when a drunk driver causes an accident, there is a much greater chance that a police officer will arrest them and charge them for DUI\/DWI.<\/p>\n

Probable Cause in DUI Accidents<\/h3>\n

Normally, the police must have reasonable suspicion<\/a> to pull someone over for drinking and driving. When the person committing the DUI is involved in a motor vehicle accident, the officer has reasonable suspicion to investigate the circumstances, including possible impairment, due to the crash itself.<\/p>\n

Police must always meet constitutional standards for searches and seizures, including reasonable suspicion and probable cause. When an accident happens, This does not mean normal Fourth Amendment protections are bypassed, but the crash provides a valid basis for further investigation.<\/p>\n

How Police Investigate a DUI Accident<\/h3>\n

As part of their investigation, the investigating officer will ask the drivers if they were drinking or using drugs. They will also look for open containers<\/a> of alcohol or other tell-tale evidence that the driver is impaired.<\/p>\n

While the officer speaks with the drivers, passengers, and witnesses, they will look for signs of impairment. They can also conduct\u00a0field sobriety tests<\/a>\u00a0or a breathalyzer test on the drivers involved in the crash.<\/p>\n

BAC Testing for Drunk Driving Accidents<\/h2>\n

The rules for blood alcohol testing at an accident scene vary by state. Some states have DUI laws requiring law enforcement to test people involved in a car accident to see if they\u2019re under the influence of alcohol or drugs. The most common way to do this is using a breathalyzer test<\/a> to measure a driver\u2019s blood alcohol content (BAC).<\/p>\n

If the driver\u2019s blood alcohol concentration is above the state\u2019s legal limit<\/a>, they will face a DUI arrest and additional charges. This is especially true if the accident resulted in serious injury or death.<\/p>\n

You should speak with a local DUI lawyer to learn if your state requires BAC testing<\/a> after an accident. They\u2019ll be able to answer any questions you have about your DUI case.<\/p>\n

Do the Penalties for DUI Increase if There is a Motor Vehicle Accident?<\/h2>\n

Depending on where you live, being involved in a car crash while under the influence may escalate your charge from a misdemeanor DUI<\/a> to a felony charge. Some states escalate a simple DUI charge to one of aggravated DUI or DUI with bodily injury. It all depends on the laws in your jurisdiction.<\/p>\n

DUI criminal cases involving motor vehicle accidents typically involve more severe sentences, such as a longer jail sentence<\/a>.<\/p>\n

Civil Liability in Drunk Driving Accidents<\/h2>\n

If the police arrest you for DUI after a motor vehicle accident, the other driver and their passengers can sue you for damages. If they can prove that you caused the crash, you\u2019ll likely be civilly liable for any damages they suffer.<\/p>\n

Being over the legal BAC limit does not automatically make you civilly liable for an accident. Fault in car accidents is determined by evidence, such as witness statements, traffic camera footage, or accident reconstruction. You may face DUI charges and related penalties even if you were not at fault for the crash itself.<\/p>\n

If the other party files a civil lawsuit<\/a> against you, it\u2019s best to consult a personal injury defense lawyer. The fact that the police arrested you and charged you with DWI may be enough to convince a judge or jury to find for the plaintiff.<\/p>\n

In a drunk driving accident personal injury claim, the plaintiff can sue for the following types of damages<\/a>:<\/p>\n