There’s a felony offense known as serious injury by vehicle. If you are charged with DUI and they connect your DUI with a serious injury to another person. It can be a passenger in your car, it can be a pedestrian, or it could be a person in another car. They are going to charge you with an offense that has a minimum two years and a maximum fifteen years per injury. I had one case with seven serious injuries involved in the driver’s car and the car that she hit head on on I-20. That was a hundred and five years she was facing as a maximum penalty.
Serious injury is determined by the nature of the damage to the person. Any broken bone is a serious injury. Any scars that require stitches: serious injury. Any organic brain damage where you’re knocked out and you lose your memory can be considered serious injury. If someone loses the use of an arm or a leg maybe you were bruised or it was damaged so badly you couldn’t use it is also a serious injury. The definition is broadly interpreted by the courts so if you’re in a pretty bad wreck you need to understand you should be expecting felony charges to follow that.
Steps to Take After a DUI Accident
What you should do is, that is until you talk to an attorney, not submit any field test of course. You should not admit consuming alcohol or drugs of course. You also need to not agree to take a test until you can speak to an attorney. That’s a very common sense answer to a police officer if you’re facing this serious charge. If they do try to get a warrant you’ll have to deal with that later. Don’t ever change your mind and consent just because they say, “we will get a warrant if you don’t cooperate.”