DUI With Accident But No Injury – Is It Still More Serious?

You will likely face more severe DUI penalties if you drive drunk and contribute to a car accident (as opposed to if you drive while intoxicated and avoid a collision).

DUI penalties will also likely grow more severe if you help cause a DUI accident and the accident results in someone getting injured or killed. In general, your penalties will grow harsher as the injuries in your case become more serious.

Note that the DUI laws of most states say that a first-time DUI case or a first offense of DUI with no injuries is punishable by such things as:

1. a misdemeanor charge on your record,
2. jail time from a few days up to six months,
3. a driver’s license suspension for up to six months,
4. fines, and
5. probation (between three to five years).

1. What happens with a DUI car accident that does not cause an injury?

If you drive drunk and help cause an accident that does not cause any type of injury, you will likely face an otherwise normal DUI charge.

With these types of DUI accident cases, you will usually face the same drunk driving penalties as if no accident took place. However, the prosecutor would likely recommend to the judge that he/she impose a sentence with penalties near the maximum penalties allowed under the law.

Example: Joe gets in a drunk driving accident in Miami, FL while driving his motor vehicle while intoxicated. The accident, though, is only a fender bender where no one gets injured.

Under Florida law, Florida Statutes 316.193 (2022), a few possible penalties for DUI include jail time for up to six months, a fine between $500 to $1,000, and installation of an ignition interlock device (IID) for up to six months.

Here, a prosecutor would likely file criminal charges against Joe of regular DUI. But the prosecutor would also recommend that Joe receive a sentence near the high end of the penalties authorized under Florida law.

This request could include jail time close to six months (as opposed to just a few days), a fine of $1,000 (as opposed to $500), installation of an IID for a full six months, and probation for four years.

2. What if drunk driving crashes cause minor injuries?

In this scenario, a prosecutor will likely charge you with the crime of “DUI causing injury.” Most jurisdictions treat this DUI offense as a more serious crime than a regular DUI/DWI.

Prosecutors generally have to prove the following to secure a DUI conviction in these cases:

1. you drove a motor vehicle while under the influence of drugs and/or alcohol¹, and
2. in doing so, you caused an accident that led to a minor injury.²

With these types of DUI charges, the minor injury is considered an aggravating factor and the impaired driver/drunk driver can get exposed to certain sentencing enhancements.

For example, many jurisdictions consider a DUI causing minor injury a wobbler offense, meaning it can lead to either:

• misdemeanor charges, or
• felony charges.

Some potential penalties include:

• custody in county jail or even state prison,
• a fine in the amount of several thousands of dollars, and
• a driver’s license suspension for several years.³

Note that the definition of “minor injury” will likely depend on the:

• facts of your case, and
• the laws of the state in which you are convicted of DUI in.

Typically, though, a minor injury may include something like whiplash, a laceration, or bruising.

3. What happens with a DUI accident involving a serious injury?

Here, a prosecutor can charge you with a more serious DUI crime of “DUI with serious injury.”⁴

Note, though, that while some states have a specific statute addressing DUI with serious injury, some states may charge a DUI arrestee with a more serious crime under another statute.

For example, depending on the state you are arrested in, you could face charges of:

• aggravated assault,
• endangerment, or
• reckless driving causing injury.

No matter the statute under which you are charged, you will likely face more severe criminal penalties than with the other forms of DUI as discussed above.

For example, you could face such serious consequences as:

• years in jail or prison,
• a driver’s license revocation, and
• felony probation.

4. What if you help cause a DUI accident and someone dies?

This is perhaps the most serious DUI crime that you can commit, and most states charge it as:

• vehicular homicide, or
• vehicular manslaughter.

In general, you commit vehicular homicide if you:

1. drive a motor vehicle recklessly or while under the influence of drugs and/or alcohol, and
2. in doing so, you contribute to an accident that results in the death of some person (either a passenger, other motorist, or pedestrian).⁵

Penalties for this crime can include:

• years in state prison,
• thousands of dollars in fines, and
• a driver’s license revocation.

5. What if you did not cause an accident?

If you drove while intoxicated and were involved in an accident, you typically cannot be charged with DUI involving an accident or injury unless you helped cause the accident.

In other words, prosecutors in these cases have to prove that you:

1. drove under the influence of alcohol and/or drugs, and
2. contributed to an accident.

If you were not responsible for the accident, you likely will only face a DUI charge without any type of aggravating circumstances.

Not causing an accident is one type of DUI defense that you can raise in these cases. You should consult with a DUI lawyer, criminal defense attorney, or law firm to learn of others.

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