A DUI charge becomes significantly more serious when the alleged offense involves a motor vehicle accident. In addition to the DUI charge itself, a driver may face additional criminal charges if the crash caused property damage, bodily injury, serious bodily injury, or death.
If you have been charged with DUI after an accident in Pittsburgh or Allegheny County, you should understand the charges and potential consequences before making decisions about your case. Worgul, Sarna & Ness represent people facing DUI and serious traffic offenses throughout Western Pennsylvania.
Our DUI attorneys can examine how the accident occurred, how the DUI evidence was obtained, and whether the Commonwealth can prove each charge beyond a reasonable doubt.
Call (412) 281-2146 or contact Worgul, Sarna & Ness to schedule a confidential consultation.
DUI Charges After a Pennsylvania Car Accident
Pennsylvania’s DUI statute applies when a person drives, operates, or is in actual physical control of a vehicle while impaired by alcohol or controlled substances or under other circumstances established by 75 Pa.C.S. § 3802. The consequences of a DUI involving an accident can depend on whether the crash caused property damage, bodily injury, serious bodily injury, or death.
An accident does not automatically make every DUI a felony. Pennsylvania law specifically increases the grading and penalties for certain DUI offenses involving accidents, while separate offenses apply when another person suffers serious injury or dies.
DUI With Property Damage or Bodily Injury
Pennsylvania law provides enhanced DUI penalties when a violation of the general impairment provision involves an accident resulting in bodily injury, serious bodily injury, death, or damage to a vehicle or other property. The grading and sentence depend in part on the driver’s prior DUI history and the specific subsection charged.
This means an accident can affect the potential sentence even when the crash did not result in life-threatening injuries. The circumstances of the collision and the evidence supporting the DUI charge should therefore be reviewed together.
DUI Aggravated Assault
When a person suffers serious bodily injury in a crash allegedly caused by a DUI, the driver may face a separate charge of aggravated assault by vehicle while driving under the influence under 75 Pa.C.S. § 3735.1.
This is a felony offense that focuses on whether the defendant negligently caused serious bodily injury as a result of violating the DUI statute. The prosecution must establish the required elements of the offense, including the connection between the alleged DUI and the serious injury.
The distinction between bodily injury and serious bodily injury can therefore become extremely important in a DUI accident case. Medical evidence, accident reconstruction, witness testimony, and other evidence may all affect how the Commonwealth approaches the charges.
DUI Homicide Charges
If another person dies as a result of an alleged DUI, the driver may face homicide by vehicle while driving under the influence.
Pennsylvania law treats this as a serious felony offense. The statute provides a mandatory minimum term of imprisonment for each victim, with additional sentencing consequences that can depend on the defendant’s prior DUI-related history.
A fatal DUI accident can therefore involve substantially greater exposure than the underlying DUI charge alone. The prosecution must still prove that the DUI violation caused the death, making the evidence surrounding both the alleged impairment and the accident critically important.
What Penalties Can Follow a DUI Accident in Pennsylvania?
The potential penalties depend on the DUI offense, BAC level, prior DUI history, and the circumstances of the accident.
Pennsylvania’s current DUI statute establishes different sentencing ranges for general impairment offenses, high-rate and highest-rate alcohol offenses, controlled-substance offenses, and DUI offenses involving accidents. For example, an accident involving bodily injury, serious bodily injury, death, or property damage falls within the enhanced penalty provisions of § 3804.
A DUI accident can also result in consequences beyond incarceration and fines, including:
- Driver’s license suspension or other operating-privilege consequences
- Alcohol highway safety school
- Drug and alcohol assessment or treatment
- Ignition-interlock requirements in qualifying cases
- Restitution or other court-ordered conditions
- Additional criminal charges based on injuries or death
- Long-term consequences associated with a felony conviction
Because Pennsylvania’s DUI penalties have changed over time, the applicable penalties should be determined by the law in effect at the time of the offense and the facts of the case.
What Happens After a DUI Accident in Pittsburgh?
A DUI accident investigation can begin immediately at the crash scene and continue long after the vehicle has been removed.
Police may document the accident, speak with drivers and witnesses, photograph the vehicles and roadway, obtain surveillance or dash-camera footage, and investigate whether alcohol or drugs played a role. If someone was injured, medical records and testimony may become important evidence. In a fatal crash, the investigation can involve additional forensic and accident-reconstruction evidence.
After charges are filed, the case may proceed through several stages, including:
- Preliminary arraignment and bail
- Preliminary hearing
- Formal arraignment
- Discovery and evidence review
- Pretrial motions
- Plea negotiations
- Additional hearings related to serious injury or death charges
- Trial
- Sentencing
The precise process depends on the charges and where the case was filed. In Allegheny County, the court handling the case can depend on where the alleged offense occurred and the nature of the charges.
Can a DUI Accident Case Qualify for ARD?
Accelerated Rehabilitative Disposition can be available to some people charged with DUI, but an accident involving serious injury or death creates an important statutory limitation.
Pennsylvania law provides that the Commonwealth may not submit a DUI charge for ARD when an accident occurred, and another person was killed or suffered serious bodily injury as a result of the accident.
That does not mean every DUI accident automatically makes ARD unavailable. The nature of the accident, the injuries involved, and the applicable statutory requirements must be evaluated before determining whether ARD is appropriate.
Defenses in a Pennsylvania DUI Accident Case
A DUI accident case requires the defense to examine both the alleged impairment and the circumstances of the collision. The prosecution must establish the required elements of the DUI and any additional charges beyond a reasonable doubt.
Depending on the facts, the defense may investigate:
Was the Traffic Stop Lawful?
If the DUI investigation began with a traffic stop, the circumstances leading to that stop can become an important issue. Your attorney can examine what officers observed before stopping the vehicle and whether the stop was legally justified.
Was There Probable Cause for the DUI Arrest?
Police may rely on driving behavior, physical observations, statements, field sobriety testing, chemical testing, and other evidence when determining whether to arrest a driver. The defense can examine whether the circumstances actually provided sufficient grounds for the arrest.
Was Chemical Testing Properly Conducted?
Blood, breath, or other chemical testing can become important evidence in a DUI accident case. The defense may examine how the sample was obtained, handled, tested, and interpreted, and whether the Commonwealth can establish the reliability and admissibility of the results.
Does the Evidence Establish That DUI Caused the Accident?
A crash occurring after an alleged DUI does not by itself establish that impairment caused the collision. When the prosecution brings additional charges based on injury or death, the connection between the alleged DUI violation and the resulting harm can become a central issue in the case.
What Caused the Collision?
The defense may also investigate road conditions, vehicle conditions, weather, traffic patterns, witness accounts, surveillance footage, and other evidence concerning how the crash occurred. Accident reconstruction may be relevant in cases involving serious injury or death.
What Evidence Can Matter in a DUI Accident Case?
The evidence in these cases can come from many different sources. Depending on the circumstances, investigators may collect:
- Police reports and officer observations
- Body-camera or dash-camera footage
- Photographs and video from the accident scene
- Witness statements
- Field sobriety test results
- Breath or blood test results
- Medical records
- Vehicle damage and inspection evidence
- Accident-reconstruction reports
- Surveillance footage
- Cellphone or other electronic evidence
Your attorney should examine this evidence as a whole rather than focusing only on the BAC result or the police officer’s account. In a serious accident case, evidence concerning how the collision occurred can be just as important as evidence concerning the alleged impairment.
Why Hire Worgul for a Pittsburgh DUI Accident Case?
A DUI accident case can require a different level of preparation than a routine DUI charge, particularly when another person suffered serious injuries or died. Worgul, Sarna & Ness approach these cases by examining the evidence supporting both the DUI allegation and any additional criminal charges arising from the collision.
Our attorneys investigate the circumstances of the traffic stop, arrest, chemical testing, and accident. We examine whether the Commonwealth can establish the required connection between the alleged DUI and the resulting property damage, injury, or death, and we prepare cases for litigation when necessary.
Worgul, Sarna & Ness has extensive experience handling serious criminal cases in Pittsburgh and throughout Western Pennsylvania. Our attorneys regularly appear in the local courts where these cases are prosecuted and have substantial trial experience when a case cannot or should not be resolved through negotiation.
When a DUI accident could affect your freedom, driver’s license, employment, and future, you need a defense based on the actual evidence rather than assumptions about what happened.
Pittsburgh DUI Accident FAQs
Can I be charged with more than one offense after a DUI accident?
Yes. In addition to the DUI charge, a driver may face separate charges depending on the circumstances and whether another person suffered serious bodily injury or died. The potential charges and their grading depend on the facts of the collision and the evidence available to the Commonwealth.
Does a DUI accident automatically become a felony in Pennsylvania?
No. An accident does not automatically make every DUI a felony. Pennsylvania has enhanced DUI penalties for certain accidents, while separate felony offenses can apply when the alleged DUI results in serious bodily injury or death.
Can I get ARD after a DUI accident?
It depends on the circumstances of the accident. Pennsylvania law excludes DUI charges from ARD consideration when an accident occurred, and another person was killed or suffered serious bodily injury as a result, while other DUI accidents must be evaluated under the applicable ARD requirements.
What happens if someone is seriously injured in my DUI accident?
You may face the underlying DUI charge as well as a separate aggravated assault by vehicle while driving under the influence charge. The prosecution must establish the elements of the additional offense, including the required connection between the alleged DUI and the serious bodily injury.
What happens if someone dies in a DUI accident?
A fatal DUI accident can result in a charge of homicide by vehicle while driving under the influence under Pennsylvania law. The offense carries significant prison exposure, including a mandatory minimum term for each victim, making early investigation and careful review of the evidence especially important.
Can I challenge a DUI charge if I was involved in an accident?
Yes. Being involved in an accident does not eliminate the Commonwealth’s burden of proving the DUI charge and any additional offenses beyond a reasonable doubt. Depending on the circumstances, the defense may challenge the traffic stop, arrest, chemical testing, accident evidence, or the prosecution’s claimed connection between impairment and the collision.
Should I hire a lawyer after a DUI accident in Pittsburgh?
A DUI accident involving property damage, injury, or death can create multiple criminal and legal issues that may be difficult to address without a thorough investigation. An attorney can review the evidence, explain the charges and potential consequences, identify legal issues, and help you make informed decisions as the case proceeds.
Talk to a Pittsburgh DUI Accident Lawyer
If you are facing DUI charges after an accident in Pittsburgh or elsewhere in Western Pennsylvania, the consequences can extend far beyond a standard DUI case. The nature of the crash, the evidence of impairment, your prior record, and the severity of any resulting injuries can all affect the charges and potential penalties.
Worgul, Sarna & Ness can investigate the circumstances of your case and develop a defense based on the evidence. Our attorneys represent clients facing DUI and serious criminal charges in Pittsburgh and throughout Western Pennsylvania.
Call (412) 281-2146 or contact Worgul, Sarna & Ness to schedule a confidential consultation.
