Facing a DUI with an accident in Indiana can be frightening and overwhelming. Whether you were involved in a minor collision or a serious crash, the legal consequences can be far more severe than those of a standard DUI. Indiana law treats DUI accidents as higher-risk situations because of the potential for injuries and property damage. Understanding what happens next and how the legal process works is essential for protecting your rights and preparing your defense.
Hayes Law Office represents individuals throughout Indianapolis and Indiana who are charged with DUI involving accidents. Our attorneys can help you understand the charges you face, the penalties that may apply, and the steps needed to navigate the legal system.
Understanding What a DUI With an Accident Means in Indiana
A DUI with an accident occurs when a driver is accused of operating a vehicle while intoxicated and is involved in a collision of any kind. The accident may involve another vehicle, a pedestrian, property, or a stationary object. Even if the accident causes no injuries, the involvement of a crash typically increases the seriousness of the DUI charge.
A DUI is usually charged when a driver is found to have operated a vehicle with a blood alcohol concentration above the legal limit or while impaired by drugs or alcohol. When an accident occurs, police often conduct a more extensive investigation. Officers may document the scene, collect statements, and perform field sobriety tests or chemical tests to determine impairment. These factors can significantly influence the charges and penalties that follow.
Those charged then need the assistance of an experienced criminal defense lawyer that can take charge of their case and work to reduce the severe penalties that can follow a DUI case.
When a DUI Becomes More Serious After an Accident
A DUI becomes more serious when the accident results in injury, major property damage, or when other aggravating factors are present. Even if no one is hurt, being involved in a crash may lead police and prosecutors to argue that the driver posed a higher level of risk. This often results in enhanced charges, stricter penalties, and a more aggressive prosecution strategy.
In some cases, prosecutors may pursue additional charges such as reckless driving, leaving the scene of an accident, or in some cases criminal mischief. For this reason, it is important to understand exactly what your charges mean and how they can affect your future. At Hayes Law Office, one of our DUI attorneys may be able to get your charges downgraded to just reckless driving depending on the circumstances of your situation.
Consequences of DUI With an Accident in Indiana
The consequences of a DUI with an accident can vary, but they are almost always more severe than a standard DUI. Penalties depend on the circumstances of the crash, whether anyone was injured, the driver’s history, and the level of impairment. Anyone charged with a DUI related to an accident needs to understand the possible criminal, financial, and administrative consequences.
Criminal Penalties and Possible Charges
Criminal penalties for a DUI with an accident may include jail time, fines, probation, community service, and mandatory alcohol education or treatment programs. The exact penalties depend on the seriousness of the crash and whether it is a first-time or repeat offense.
Possible charges may include:
- Operating while intoxicated causing property damage
- Operating while intoxicated causing bodily injury
- Operating while intoxicated causing serious bodily injury
- Operating while intoxicated causing death
Even a first-time DUI can become a felony if the accident causes serious injury or death. Felony DUI convictions carry far greater penalties and long-term consequences.
Driver’s License Suspension and SR-22 Requirements
After a DUI with an accident, drivers often face immediate license suspension. Indiana law requires the Bureau of Motor Vehicles to suspend your driver’s license if chemical tests show a blood alcohol concentration above the legal limit or if you refused the test.
Drivers may also be required to obtain SR-22 insurance, which proves financial responsibility. SR-22 policies are more expensive and may be required for several years. Without proof of SR-22 coverage, the state will not reinstate driving privileges.
Civil and Financial Consequences
A DUI with an accident can also lead to significant financial consequences. These may include:
- Restitution payments to victims for injuries or property damage
- Increased insurance rates
- Vehicle repair costs
- Potential civil lawsuits from injured parties
Even if the criminal case results in reduced penalties, the financial burden of a DUI with an accident can follow a person for years. Civil claims may seek compensation for medical bills, pain and suffering, lost wages, and other damages.
Aggravating Factors That Can Increase Penalties
Some situations raise the severity of a DUI with accident charge and may result in harsher penalties. These aggravating factors often influence whether the case is charged as a misdemeanor or a felony.
DUI With Injury or Death
If the accident causes bodily injury, prosecutors may file elevated criminal charges. Cases involving serious bodily injury or death are almost always charged as felonies. Felony DUI convictions can result in years of incarceration, substantial fines, and long-term restrictions on driving privileges. Courts also tend to impose strict probation terms and mandatory treatment programs.
Prior DUI Convictions or High BAC Levels
Drivers with prior DUI convictions face increased penalties. Indiana law imposes enhanced sentencing for repeat offenders, especially when an accident occurs. A high blood alcohol concentration also serves as an aggravating factor. A very high BAC can result in additional charges and harsher sentence recommendations.
How a DUI With an Accident Affects Your Criminal Record and Future
A DUI with an accident can leave a lasting mark on your criminal record. This can affect many areas of life, including employment, housing, professional licensing, and insurance. Employers, landlords, and licensing boards often view DUI convictions negatively, especially when an accident or injury is involved.
Long-term consequences may include:
- Difficulty passing background checks
- Increased insurance premiums
- Loss of certain professional certifications
- Reduced academic or scholarship opportunities
- Challenges in securing housing
Because these consequences can impact your life for years, discussing your accident with an experienced DUI defense attorney can make all the difference.
Can a DUI With an Accident Be Expunged in Indiana?
Expungement may be possible in some cases, but it depends on several factors, including the severity of the offense and whether the charge was a misdemeanor or felony. Felony DUI offenses involving serious injury or death may not be eligible for expungement. Even if expungement is possible, there are waiting periods and specific conditions that must be met.
A criminal defense attorney can help you understand whether your case qualifies for expungement and what steps you must take to pursue it.
What To Do After a DUI With an Accident Charge
If you have been charged with a DUI involving an accident, it is important to take immediate action to protect your rights. Consider the following steps:
- Avoid discussing the incident with anyone other than your attorney
- Gather any documents related to the accident, including insurance information
- Write down your recollection of the events while they are fresh
- Attend all scheduled court hearings and comply with court orders
- Contact an experienced DUI defense attorney as soon as possible
Taking these steps can strengthen your defense and minimize the long-term impact of the charges.
How Hayes Law Office Can Help Defend Your DUI With an Accident Case
Hayes Law Office provides comprehensive legal representation for individuals facing DUI charges involving accidents. Our attorneys understand how stressful these cases can be and work closely with clients to help you navigate the legal process. We can review the evidence, investigate the accident, analyze police procedures, and identify potential weaknesses in the prosecution’s case.
Our defense strategies may include challenging the validity of chemical tests, examining whether field sobriety tests were performed properly, questioning the accuracy of police reports, and negotiating for reduced charges through a plea bargain when appropriate. We focus on protecting your rights and fighting for the best possible outcome.
Speak With an Indiana DUI Defense Attorney Today
If you have been charged with a DUI involving an accident, do not wait to get legal help. Contact Hayes Law Office today at (317) 759-1515 to speak with an experienced attorney. We will review your case, explain your options, and help you take the necessary steps to protect your future. Skilled legal representation can make a significant difference in the outcome of your case, and our team is ready to assist you.
