Are DUI Accidents a Crime?

DUI accident charges are crimes under PA law, but some are considerably more serious than others. Under statute If the driver also has two prior offenses (not necessarily involving accidents), the offense is elevated to a first-degree misdemeanor, for which Pennsylvania law allows for a sentence of up to five years in prison. A violation that occurs when a driver already has three or more prior DUI offenses or has previously been convicted on a charge of homicide by vehicle related to driving under the influence constitutes a third-degree felony. The most serious DUI charges you could face are second-degree felonies. The circumstances that can give rise to second-degree felony charges all involve multiple prior DUI convictions and additional factors (breath test refusal, highest rate of alcohol, or controlled substances). In some circumstances, a DUI accident may lead to other charges, as well. Examples of particularly serious charges you may face arising out of a DUI wreck include the second-degree felony aggravated assault by vehicle while driving under the influence (under statute The minimum sentence for homicide by vehicle while driving under the influence is three years, with additional three-year terms of imprisonment applied for each victim who died as a result of the accident. If the defendant has a prior offense, both the minimum mandatory sentence and penalty for each victim’s death increase to five years.

Can I Get ARD for a DUI with Accident Charge in Pennsylvania?

A drunk driving accident that involves significant bodily injuries may limit the legal options available to you. The law allows for offenders under certain circumstances, and at the discretion of the Luzerne County District Attorney, to participate in a rehabilitative program through which the charges may be dismissed and the arrest record expunged. However, statute One of the benefits of hiring a knowledgeable DUI car accident defense attorney in Kingston, PA, is that they can help you explore all options, including whether you are eligible for the ARD program or any sort of plea bargain. Even if neither of these options is available to you, you can count on your attorney to put together the strongest possible defense with the goal of achieving a more favorable outcome, such as lighter sentences or a not-guilty judgment.

How Can a Luzerne County DUI Accident Lawyer Help Me?

When you hire a skilled Luzerne County DUI accident lawyer at Muckler Law, LLC, to fight for you, here’s what you can expect: Reliable answers to your questions about the legal process based on our extensive experience Client-centered service that’s rooted in empathy for the difficult situation you’re going through Consistent dedication to advocating for your best interests throughout the criminal legal process Meticulous efforts to gather evidence in your favor and develop a robust strategy specifically tailored to your situation Aggressive defense against the charges you’re facing during all legal proceedings We’re here to support you throughout this legal matter and pursue a more favorable outcome for you.

Luzerne County DUI Accident Lawyer

DUI Car Accident Defense Attorney in Kingston, PA, Represents People Accused of Drunk Driving Wrecks in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania

An accident raises the stakes of a DUI charge, especially if someone else sustained serious injuries because of it. If you have been charged with a DUI accident, this is no mere motor vehicle violation for which the penalty is a simple fine. A Luzerne County DUI accident lawyer at Muckler Law, LLC, can help defend you against charges for which the consequences are as serious as prison time, thousands of dollars in fines, and potentially a criminal record.

The sooner you bring on experienced professionals to start building your defense strategy, the better. Contact us today to discuss your case during a confidential free consultation.

570-908-4069

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DUI with Accident Charges in Luzerne County, PA

When you’re facing charges for a DUI crash in Luzerne County, you need to know that these offenses are very serious under Pennsylvania law.

A collision can count as a DUI accident if you are accused of having imbibed enough alcohol that you are incapable of safely operating or controlling the vehicle and the crash resulted in any of the following:

Bodily injury
Serious bodily injury
Death
Property damage

This means that even a DUI accident that involves no injuries is a serious legal matter, although the consequences can become more severe if the harm that resulted from the accident is more extensive.

You can be charged with a DUI with an accident regardless of who was actually at fault for the crash or whether your blood alcohol concentration level was actually at the 0.08% benchmark if the amount of alcohol in your system is deemed sufficient to keep you from operating the vehicle safely.

There are defenses that could be presented and legal strategies that could be used to potentially put you on the path to a more favorable outcome. To explore these options, you’re going to need a seasoned DUI car accident defense attorney in Kingston, PA, fighting for you.

Where Our Luzerne County DUI Accident Lawyer Can Assist You

Throughout Luzerne County, people accused of causing a drunk driving accident turn to Muckler Law, LLC, for skilled legal representation. Our attorneys defend clients facing DUI charges throughout Northeastern Pennsylvania, including:

Wilkes-Barre
Nanticoke
Hazleton
Pittston
Plains Township
Bear Creek Township
Lehman Township
Dallas Township
Hanover Township
Hazle Township
Butler Township
Plymouth

From our Kingston office location on Market Street, we prepare strong defenses for those charged with DUI after an accident.

Greater Penalties for DUI Accidents, Regardless of Alcohol Levels

Pennsylvania law (statute 75 Pa.C.S. Section 3802) recognizes three levels of alcohol impairment behind the wheel, in addition to impairments due to using controlled substances and separate thresholds for minors and the drivers of commercial and school vehicles.

General impairment constitutes blood or breath alcohol concentration between 0.08% and 0.10% or that which otherwise makes a driver “incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.”

In an offense that involves a “high rate of alcohol,” the driver’s blood or breath alcohol concentration would be in the range of 0.10% to less than 0.16%. Offenses in the “highest rate of alcohol” category involve blood or breath alcohol levels of 0.16% or higher.

Normally, the blood or breath alcohol concentration is a significant factor in the severity of the sentence. However, under statute 75 Pa.C.S. Section 3804, DUI charges that involve accidents face the same penalties as those in the “high rate of blood alcohol” category, even if the actual level of alcohol concentration in their blood or breath is below the 0.10% benchmark.

This means you could be facing more severe penalties than another driver with the same level of alcohol concentration purely because an accident occurred, even if the crash wasn’t your fault.

Sentences for DUI Accident Charges in PA

If the DUI accident is your first offense of driving under the influence of drugs or alcohol, you are looking at a prison sentence of at least 48 consecutive hours (and possibly up to six months). You will also be fined an amount between $500 and $5,000, be required to attend an approved alcohol highway safety school, and have to comply with any drug and alcohol treatment requirements issued. You could have your driver’s license suspended for up to 12 months.

Second-time offenders involved in accidents (whether or not the first offense involved a crash) can be sentenced to a prison term that ranges from 30 days to six months and pay a fine between $750 and $5,000, in addition to the 12-month license suspension, alcohol highway safety school requirement, and drug and alcohol treatment requirements.

A third offense of a DUI with an accident can result in 90 days to five years in prison and a fine between $1,500 and $10,000, plus any required drug and alcohol treatment.

Fourth and subsequent offenses for those charged with a DUI with an accident could send you to prison for a minimum of one year and potentially up to five years. Fines between $1,500 and $10,000 also apply, as do any drug and alcohol treatment requirements imposed.

The consequences of any DUI crash are serious, even when they involve first-time offenders and only property damage or minor injuries. If you already have prior offenses or someone suffered serious injuries or was killed in the accident, the situation is even more severe. An experienced Luzerne County DUI accident lawyer can help you understand the specifics of the charges against you and their potential consequences and assist you in fighting these charges.

Contact a Luzerne County DUI Accident Lawyer at Muckler Law, LLC, Today for a Free Consultation

A DUI car crash can change your life, but it may be possible to minimize its impact through skilled legal representation and a strong defense strategy.

For help from a DUI attorney in Kingston, PA, contact Muckler Law, LLC online or call 570-908-4069 today.

DUI with Accident Charges Frequently Asked Questions (FAQS)

DUI accident charges are crimes under PA law, but some are considerably more serious than others.
Under statute 75 Pa.C.S. Section 3803 of state law, DUI accident charges constitute a misdemeanor punishable by up to six months in prison and fines of $5,000 for first-time and second-time offenders and $10,000 for third-time offenders.
If the driver also has two prior offenses (not necessarily involving accidents), the offense is elevated to a first-degree misdemeanor, for which Pennsylvania law allows for a sentence of up to five years in prison.
A violation that occurs when a driver already has three or more prior DUI offenses or has previously been convicted on a charge of homicide by vehicle related to driving under the influence constitutes a third-degree felony. The most serious DUI charges you could face are second-degree felonies. The circumstances that can give rise to second-degree felony charges all involve multiple prior DUI convictions and additional factors (breath test refusal, highest rate of alcohol, or controlled substances).
In some circumstances, a DUI accident may lead to other charges, as well. Examples of particularly serious charges you may face arising out of a DUI wreck include the second-degree felony aggravated assault by vehicle while driving under the influence (under statute 75 Pa.C.S. Section 3735.1) and homicide by vehicle while driving under the influence (under statute 75 Pa.C.S. Section 3735), which may constitute either a second-degree or first-degree felony.
The minimum sentence for homicide by vehicle while driving under the influence is three years, with additional three-year terms of imprisonment applied for each victim who died as a result of the accident. If the defendant has a prior offense, both the minimum mandatory sentence and penalty for each victim’s death increase to five years.
A drunk driving accident that involves significant bodily injuries may limit the legal options available to you.
The law allows for offenders under certain circumstances, and at the discretion of the Luzerne County District Attorney, to participate in a rehabilitative program through which the charges may be dismissed and the arrest record expunged. However, statute 75 Pa.C.S. Section 3807 of Pennsylvania prohibits participation in the Accelerated Rehabilitative Disposition program when the charges involve an accident in which another person sustained serious physical injury or was killed.
One of the benefits of hiring a knowledgeable DUI car accident defense attorney in Kingston, PA, is that they can help you explore all options, including whether you are eligible for the ARD program or any sort of plea bargain. Even if neither of these options is available to you, you can count on your attorney to put together the strongest possible defense with the goal of achieving a more favorable outcome, such as lighter sentences or a not-guilty judgment.
When you hire a skilled Luzerne County DUI accident lawyer at Muckler Law, LLC, to fight for you, here’s what you can expect:
Reliable answers to your questions about the legal process based on our extensive experience
Client-centered service that’s rooted in empathy for the difficult situation you’re going through
Consistent dedication to advocating for your best interests throughout the criminal legal process
Meticulous efforts to gather evidence in your favor and develop a robust strategy specifically tailored to your situation
Aggressive defense against the charges you’re facing during all legal proceedings
We’re here to support you throughout this legal matter and pursue a more favorable outcome for you.

Great lawyer handled my case in a blink of an eye

“Attorney Muckler handled my hearing and I was very happy with the outcome. He is very easy to talk to and a great guy. I look forward to working with him in the future.”