Do DUI Crashes Lead to Jail or Prison?
Posted on May 17, 2016 8:15am PDT
We've all seen or heard drunk driving stories. Sometimes drunk drivers injure or kill others in the drunk driving crash; sometimes the victims are even their own family members who were in the car with them.
What happens to drunk drivers who injure or kill other people? Are they arrested? Do they go to jail or prison? You might have known someone who was arrested for a simple DUI and they got probation instead of jail, is that what happens in DUI accidents involving injuries?
DUI Accidents Involving Injuries or Death
Generally, a simple DUI or DWI without injuries is a misdemeanor (first offense). However, if the drunk driver injured or worse, killed someone else while driving under the influence, the alleged drunk driver will likely face felony DUI charges.
Usually a third or fourth DUI in five or ten years (depending on the state) is a felony, as well is a DUI involving serious bodily injuries to someone other than the drunk driver.
In Florida, if a drunk driver causes serious bodily injury to another person, he or she is guilty of a third degree felony, punishable by up to a $5,000 fine or 5 years in prison, or both.
If a drunk driver accidentally kills another person in Florida, they are guilty of DUI manslaughter under Sec. 316.193(3) of the Florida Statutes, a second degree felony punishable by up to a $10,000 fine or 15 years in prison, or both.
Each state has enacted its own penalties for injuring or killing someone else while driving under the influence of drugs or alcohol, but it's generally a felony offense.
Even if a drunk driver faces criminal charges, the criminal case does not preclude the injured from filing a personal injury action for damages arising from the drunk driving crash.
If you, or someone you love was injured in a DUI accident, contact a personal injury attorney at once to file a claim for compensation.