I got into an accident while driving intoxicated. Will the property damage affect my DUI sentencing?

While states are cracking down on DUI convictions, imposing stiffer penalties than ever, when property damage and felony DUI are combined, the penalties can skyrocket. The intent is to discourage DUI driving and protect other drivers on the roadways. In many cases, these penalties may keep the offender off the roads for quite some time.

While the specific penalties vary by state, generally when a DUI results in an accident, it is no longer a misdemeanor, but a felony. In addition, the offender generally faces:

• Increased fines

• Increased jail terms, usually beginning at 90 days in some states, 1 year in others

• A criminal record that may last for years, or even a lifetime

• Increased insurance rates lasting up to 5 years for some, cancelled policies and difficulty obtaining reasonable insurance at all for others

• Restitution in some states

• Civil liability for damages in others

Some states have laws mandating levels of penalties based on the extent of the damage, such as higher penalties when damages are a specified amount or higher.

If you have been charged with a DUI accident, you should obtain the services of a skilled DUI attorney. If there is any defense that can be used to share fault with the victim or mitigate your liability, you should use it to limit these penalties and protect your future.