DWI with an Accident
In North Carolina, a DWI (Driving While Impaired) charge, particularly when it involves an accident, can result in more severe penalties and potential civil lawsuits. While a DWI alone is a misdemeanor, causing injury or death in an accident while impaired can elevate the charge to a felony.
Victims of drunk driving accidents can pursue compensation for damages, including economic and non-economic losses. Our dedicated, experienced Raleigh DWI lawyers at Sandman, Finn, and Fitzhugh will build a strong defense to help you achieve the best possible outcome in your criminal case.
Benefits of Hiring the DWI Lawyers at Sandman, Finn & Fitzhugh
When you hire the DWI attorneys at Sandman, Finn & Fitzhugh, you can expect
- Over 3,000 DWI cases defended: bringing deep experience to every client’s situation
- 1000’s of DWI charges dismissed: attributed to strategic, aggressive defense
- Comprehensive expertise in license-related matters: including limited driving privileges, ignition interlock compliance, and DMV license restoration
- Trial-ready representation: unlike many attorneys who default to guilty pleas, we are fully prepared to take your case to trial when it’s in your best interest
- Former Assistant District Attorney: with firsthand knowledge of how the prosecution builds DWI cases
Severe Consequences of a DWI Accident in North Carolina
If you have an accident while driving impaired, the penalties will be increased, you may have a felony charge, and incur significant civil liability. If an accident results in injury or death, the penalties can be significantly harsher, including potential felony charges like Felony Death by Vehicle or Serious Injury by Vehicle.
Consequences of a DWI accident in North Carolina include:
- Increased Penalties: A DWI with an accident can elevate the level of the DWI charge, leading to longer jail sentences, higher fines, and potential license revocation.
- Potential for Felony Charges: If the accident results in serious injury or death, the driver could face felony charges like Felony Serious Injury by Vehicle or Felony Death by Vehicle.
- Civil Liability: The impaired driver is liable for damages caused by the accident, including medical expenses, property damage, lost wages, and pain and suffering.
- Aggravating Factors: The accident, especially if it involves injuries, can be considered an aggravating factor, increasing the severity of the penalties.
- Contributory Negligence Exemption: In N.C., if the other driver was intoxicated, their intoxication can negate the contributory negligence defense, potentially allowing the injured party to recover damages even if they were partially at fault.
- Insurance Implications: The DWI and the accident will significantly impact insurance rates and potentially lead to policy cancellation.
- Criminal Record: A DWI conviction, especially one involving an accident, can lead to a permanent criminal record with long-term consequences.
DWI with Accident, But No Injury
In North Carolina, a DWI with an accident, even without injuries, carries significant legal consequences. It is a criminal offense with potential penalties including fines, jail time, and license revocation. Additionally, civil liability may arise where the impaired driver is responsible for any property damage caused. Liability in auto accidents lies with the driver who causes the accident. If the accident involved an intoxicated driver, initially the assumption is that the intoxicated driver caused the accident and is, therefore, liable for it. Yet, even given that, liability depends on the facts and circumstances, not on the driver’s intoxication alone.
For example, if a driver with a Blood Alcohol Content (BAC) of 0.15 has a single-vehicle accident where they damage their car and another car, they could face criminal charges for DWI, jail time, fines, and license revocation. They would also be civilly liable for the damage to both vehicles.
Criminal Consequences of DWI-Related Auto Accidents
Understanding the criminal consequences of a DWI-related accident in North Carolina is critical. You could face these consequences.
- Arrest and Booking Process: If you’re involved in an auto accident as an impaired driver, you can face arrest and booking for the offense.
- Court Appearances and Potential Charges: After arrest, you must appear in court. If convicted, the judge will impose punishment based on North Carolina’s DWI laws.
- Penalties such as Fines, Jail Time, and Community Service: Penalties for impaired driving can range from fines to jail time and community service. The offense is usually a misdemeanor and can lead to a sentencing hearing.
Administrative Consequences of DWI-Related Auto Accidents in North Carolina
Understanding the administrative consequences of a DWI-related crash in North Carolina can help you prepare for what comes next. Here is a breakdown of what you might face.
- License Suspension or Revocation: Your driver’s license may be suspended or revoked upon an impaired driving conviction.
- Points on Driving Record: A conviction for impaired driving can add points to your driving record, affecting your insurance premiums and potentially leading to further license suspension.
- Requirement for DWI Education Programs: After a DWI conviction, you will likely complete a substance abuse assessment and any recommended training or treatment programs.
Financial Consequences of DWI-Related Auto Accidents in North Carolina
These financial consequences of a DWI-related auto accident are what you might face, backed by North Carolina’s motor vehicle laws:
Legal Fees and Court Costs: If convicted of impaired driving, you will be subject to various legal fees and court costs. In certain circumstances, if you have a prior conviction for DWI, the possibility exists that you will forfeit your vehicle.
Loss of Employment: A conviction for impaired driving can lead to license suspension or revocation, affecting your ability to commute and potentially leading to job loss.
Causing a Severe Injury While Impaired and Driving
The crime of felony serious injury by vehicle is committed if an individual unintentionally causes serious injuries to another person while engaged in impaired driving. It is a Class F felony.
Serious injuries are defined as injuries that cause someone to experience great pain and suffering. Some of the many factors the court will consider in deciding whether the injury was serious are:
- Pain and suffering
- Hospitalization
- Loss of blood
- Time off work due to the injuries
The elements of this crime that must be proven beyond a reasonable doubt are:
- Unintentional causing of injuries to another person
- The accused was engaged in the offense of DWI
- The commission of DWI was the proximate cause of the injuries
The fact that the driver was impaired is not sufficient. His impairment must have caused the other person’s injuries.
Aggravated Felony Serious Injury by Vehicle
Aggravated felony serious injury by vehicle is a Class E felony. To be convicted of this crime, the prosecutor must prove the same elements listed above and that the individual had another impaired driving conviction within seven years of the current offense.
Felony Death by Vehicle
Felony death by vehicle is the unintentional causing of the death of another person while engaged in the offense of driving while impaired. This crime is a Class D felony. The elements of this crime are:
- Unintentional killing of another person while engaged in the offense of DWI
- The impaired driving was the proximate cause of the person’s death
As with the offense of felony injuries by vehicle, it is not enough to show that the driver was driving while impaired. It must be proven that his/her drunk driving caused the victim’s death.
Contact Our Raleigh DWI Lawyers for a FREE Consultation
If you have been arrested for a DWI with an accident, you need to take immediate action to enlist our services. In these types of charges, time is of the essence to get legal representation. Our Raleigh DWI defense lawyers work quickly to develop strategies for DWI clients. Each situation is different. Our experience provides us with the background to successfully defend even the most difficult charges. Contact us for a FREE consultation at (919) 845-6688 or fill out our contact form to get started.