What Happens if You Hit Someone While Drunk Driving?
If you hit another car or a person while driving drunk, your case can be complex. Many times, a drunk driving accident involves both criminal and civil charges. You may face serious consequences, including a DUI charge or vehicular manslaughter. Learn what to do if you hit someone or someone’s property while drunk driving and what consequences you could face.
What To Do in a Drunk Driving Accident
If you hit a car, pedestrian, or someone’s property while driving drunk, you should:
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- Call 911. If someone is injured, even if the injury seems minor, call 911. Without immediate medical help, an injury could worsen or cause death.
- Call the police. If you don’t report an accident, even with a parked car, you could get charged with leaving the scene of a property or personal injury accident. If you don’t report an accident with another driver, the driver could later make false claims of injury or vehicle damage. If you leave the scene and it’s just a property damage accident, you could possibly avoid an OWI if you were drunk when the accident occurred.
- Avoid making admissions of guilt. While it can feel natural to explain what happened or say sorry, it’s best to avoid admissions of guilt at the scene. Wait until you have a chance to talk with an attorney. If the accident was not your fault but you had alcohol in your system, it’s especially important to avoid making statements.
- Contact a lawyer. Work with an experienced DUI lawyer who can help advocate for your rights, limit your conviction, and reduce your penalties.
What Happens if You Get in an Accident While Drunk
After a drunk driving accident, you can expect moderate to severe consequences, depending on the circumstances.
Standard DUI in Michigan
Driving a vehicle with a blood alcohol content (BAC) of 0.08 or higher is considered a DUI in Michigan, even if you don’t hit anyone or anything.
For a first-time DUI charge, you can expect these penalties:
- A fine of $100 to $500
- A misdemeanor or felony on your criminal record
- Driver’s license suspension or restriction up to 6 months
- Up to 93 days in prison
- Up to 360 hours of community service
- 4 to 6 points added to your driving record
- Possible vehicle immobilization
Learn more about the full extent of Michigan DUI Offenses.
If someone is injured or something is damaged, the consequences of a DUI become more severe.
DUI Causing Property Damage
If you cause property damage, such as to a home, yard, or parked vehicle, you may receive two separate charges: a criminal charge for the DUI and a civil charge for the damage. You may be charged with a misdemeanor or felony, depending on the accident’s severity. You may be required to pay for the damaged property, which some auto insurance policies may not cover.
DUI Accident Causing Serious Injury
If a DUI causes severe injury, such as loss of a limb or organ, broken bones, or paralysis, it is charged as a felony. The felony could mean up to 5 years in prison and a fine of up to $10,000. You may also need to cover some of the expenses of the accident, including medical bills and pain and suffering.
The victim may receive reimbursement from their auto insurance, but the damages could extend beyond what’s covered by their policy. The injured victims may pursue a second claim against the drunk driver. Hiring a DUI lawyer is crucial to protecting yourself and limiting the consequences.
DUI Accident Causing Death
If a drunk driving accident causes death, it is considered vehicular manslaughter and is charged as a felony with up to 15 years in prison. If the death involves an emergency responder, jail time can increase to 20 years. The fine can be up to $10,000, but you may also need to pay for medical expenses or the cost of pain and suffering not covered by the victim’s insurance.
To help you navigate a tricky situation and advocate for your rights, schedule a free attorney consultation with DUI lawyer Mark Caldwell.
Leaving the Scene of an Accident
The penalties can be severe for someone who flees the scene of an accident, including a misdemeanor or felony charge and increased fines. You may also be placed in jail and have your license suspended. Fleeing the scene typically also results in six points on your driver’s license.
Accident with No Injuries: If you leave the scene of an accident where no one is injured, you can face a misdemeanor charge, up to $1,000 in fines, up to one year in jail, and potential driver’s license suspension.
Accident with Serious Bodily Injury or Death: If you leave the scene of an accident that results in serious bodily injury or death, you will be charged with a felony, a fine of up to $15,000, up to 5 years in jail, and driver’s license suspension.
Take Action After a Drunk Driving Accident
If you were involved in a DUI accident, especially if someone was injured or killed, you need a legal expert who can guide you and advocate for you. Work with experienced DUI lawyer Mark Caldwell to lower your consequences and reduce penalties.
Frequently Asked Questions
It can be nerve-racking to hit someone or their property. Learn more about what happens if you get in an accident while drunk.
Does your insurance cover you if you are drunk?
Your auto insurance typically covers drunk driving accidents, but the coverage level depends on the policy and circumstances of the accident. Your policy might cover vehicle damage, medical expenses, and property damage. But sometimes, an insurance company might deny liability and refuse to pay for certain damages and expenses.
How long after an accident can you be charged with DUI?
You can be charged with a DUI for up to six years after the accident, though most officers arrest drunk drivers at the scene. In rare cases, a victim may file a criminal charge in the days and weeks following an accident, especially if new information, test results, or witness accounts provide evidence that you were driving under the influence.
What happens if you hit someone when drunk?
If you hit someone while drunk driving, the penalties include a felony on your criminal record, a fine of up to $10,000, and up to five years in jail. Your license will be suspended or revoked, and you may need to complete community service and install a breathalyzer on your vehicle.
