Are there any criminal or civil issues from damage property in a DUI collision?

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Question:

Are there any criminal or civil issues from damage property in a DUI collision?

Answer:

There are both criminal and civil issues in a DUI damage property situation.  Whenever you commit a DUI, you are subject to criminal charges- which may be aggravated if you cause an accident. Likewise, when you damage someone's property, you are generally going to be subject to a civil lawsuit. 

Criminal Charges

The criminal charges you are going to face are going to depend on exactly what the circumstances are. DUI charges can either be a felony or a misdemeanor. Felony charges are more likely to be brought if you have subsequent offenses and/or if there were other aggravating factors that made your DUI worse- like causing an accident or driving drunk with young children in the car.

Regardless of whether you are charged with misdemeanor or felony DUI, or whether the offense was your first or one of many, you face penalties including:

  • Jail time
  • Fines
  • License suspension
  • Mandatory community service
  • Counseling for drug and alcohol abuse

as well as various other penalties depending on where you live. For multiple offenses, the penalties will become more severe (i.e. longer jail times, larger fines, etc.)

Civil Issues

Civil issues, on the other hand, are distinct from the criminal action. While a prosecutor brings the criminal action against you, a civil action is a private lawsuit brought by a person who you damaged financially (or physically). You aren't going to be sent to jail for a civil suit, but you are going to have to pay the cost of any damage you caused if the plaintiff can prove you caused it (which shouldn't be that hard, since you were driving drunk- an action widely viewed as either negligent or grossly negligent). 

Getting Help

When you get a DUI, you need legal help right away. This is especially true if you have damaged property. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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