Aggravated Assault by Vehicle While DUI

Driving under the influence (DUI) is already a serious charge in Delaware County, Pennsylvania. Still, when a DUI accident causes serious bodily injury to another person, it escalates to Aggravated Assault by Vehicle While DUI. This felony charge carries severe penalties that can dramatically impact your life. If you or a loved one is facing this charge, it’s crucial to understand your legal options and how to defend against these accusations.

What Is Aggravated Assault by Vehicle While DUI?

In Pennsylvania, Aggravated Assault by Vehicle While DUI occurs when someone drives under the influence of alcohol or drugs and causes an accident that results in serious bodily injury to another person. According to Pennsylvania law, serious bodily injury refers to any injury that creates a substantial risk of death, causes permanent disfigurement, or results in prolonged impairment of a body part or organ.

To be convicted of this offense, the prosecution must prove that your intoxicated driving directly caused the accident and the resulting injuries.

Penalties for Aggravated Assault by Vehicle While DUI

This offense is classified as a second-degree felony in Pennsylvania, and the penalties reflect the seriousness of the crime. A conviction can result in:

• Imprisonment: A conviction carries a minimum prison sentence of 3 to 10 years, depending on the circumstances and any prior convictions.
• Fines: Offenders can face fines up to $25,000, depending on the severity of the injuries and other aggravating factors.
• License suspension: A conviction will lead to a lengthy suspension of your driver’s license, often for multiple years.
• Restitution: The court may order you to pay restitution to the victim to cover medical bills, lost wages, and other damages.

These penalties become even more severe with a felony conviction on your record, potentially impacting future job opportunities, especially those requiring a Commercial Driver’s License, as well as housing and other aspects of life.

Aggravating Factors

Certain factors can lead to enhanced penalties for Aggravated Assault by Vehicle While DUI. These include:

• High BAC levels: A BAC (blood alcohol concentration) significantly above the legal limit of 0.08% could lead to harsher penalties.
• Previous DUI convictions: If you have prior DUI offenses, your penalties may increase significantly.
• Reckless driving: If the accident involved reckless or negligent behavior beyond DUI, such as speeding or texting while driving, it can lead to additional charges or harsher sentences.

Legal Defenses for Aggravated Assault by Vehicle While DUI

Defending against Aggravated Assault by Vehicle While DUI requires a thorough understanding of the law and a strategic approach. Some common defenses include:

• Challenging the BAC test: An attorney may question the accuracy of the blood alcohol content test, whether it was administered correctly, or if there were issues with the testing equipment.
• Disputing causation: The prosecution must prove that your intoxication was the direct cause of the accident and injuries. If other factors, such as poor road conditions or the actions of another driver, contributed to the accident, this could weaken the prosecution’s case.
• Challenging police conduct: If law enforcement did not follow proper procedures during your arrest or while collecting evidence, it could lead to a reduction or dismissal of charges.