What Happens If You Hurt Someone in a DUI?

What Happens If You Hurt Someone in a DUI?

Colin Maher, 27 May 2025

Driving under the influence of alcohol or drugs is a serious offense in Ohio, carrying significant legal penalties even if your actions don’t cause injuries. However, the consequences escalate dramatically if you are charged with a DUI that injures or kills another person.

Understanding what happens if you hurt someone in a DUI is crucial for anyone considering getting behind the wheel while impaired. The impact extends beyond standard DUI charges, potentially including felony offenses, substantial prison time, and a lasting effect on you and the victim.

In Ohio, the law recognizes the increased severity of a DUI when it causes physical harm to someone else. While a first-offense DUI without injury is typically a misdemeanor, causing injuries elevates the charge to a felony. Specifically, Ohio law outlines the offense of “Aggravated Vehicular Assault.” This statute applies when a person who is driving in violation of Ohio’s DUI laws causes serious physical harm to another person.

This article covers DUIs where someone is hurt, starting with answering the question, “What are the penalties for DUIs involving injuries or deaths?”

Disclaimer: The following is not intended as legal advice. It is general information meant to inform. Please contact The Maher Law Firm for legal advice and guidance related to your specific case.

What Are the Penalties for a DUI Involving Injuries or Deaths?

The penalties for Aggravated Vehicular Assault are significant and vary depending on the degree of injury caused. Serious physical harm is defined under Ohio law as any of the following:

  • Substantial risk of death
  • Permanent incapacity
  • Permanent disfigurement
  • Prolonged pain
  • Prolonged impairment of bodily function or mental faculties

Aggravated Vehicular Assault is typically a felony of the third degree. The potential penalties for a third-degree felony in Ohio include a prison term ranging from one to five years and a fine of up to $10,000. Additionally, the offender’s driver’s license is suspended for a significant period, possibly for several years.

If the DUI results in the death of another person, the charges become even more severe, leading to “Aggravated Vehicular Homicide.” This is a felony of the second degree, carrying a potential prison sentence of two to eight years and a fine of up to $15,000. In certain circumstances, such as having prior felony convictions related to driving offenses, the charge can be elevated to a first-degree felony, with even harsher penalties.

Beyond the criminal penalties imposed by the state, a person injured in a DUI incident can also pursue a civil lawsuit against the intoxicated driver. In a civil case, the injured party can seek compensation for their pain and suffering, medical expenses, lost wages, and other financial damages resulting from the driver’s negligence. A conviction for Aggravated Vehicular Assault or Homicide can be strong evidence of negligence in a civil lawsuit.

So, if you’re wondering what happens if you hurt someone in a DUI, the answer is that it can be an overwhelming and life-altering experience. The legal process is complex, and the stakes are incredibly high. Consequently, it is critical to seek the assistance of an experienced DUI lawyer in Columbus as soon as possible. A skilled attorney can help navigate the legal system, protect your rights, and explore all possible defenses.

When you work with a DUI lawyer in Columbus—especially one specializing in injury-related cases—you can be confident they will take the appropriate actions.

  • The attorney and their team will conduct a thorough investigation of the incident, examining police reports, witness statements, and any physical evidence.
  • They will assess the legality of the traffic stop and the administration of any field sobriety tests or chemical tests.
  • They will identify any potential violations of your legal rights.
  • Then, the attorney will develop a strategic defense tailored to the specific circumstances of your case.
  • They will negotiate with the prosecution about the possibility of reducing the charges or penalties.
  • Finally, they will represent you aggressively at trial if necessary.

In an incident like this, not just any attorney will do. You need a skilled lawyer who can answer the question, “What are the penalties for a DUI involving injuries or deaths?” clearly and in great detail.

Navigating the legal complexities of this type of case requires expert guidance. If you or someone you know is facing charges related to a DUI where someone was injured, securing experienced legal representation from a DUI lawyer in Columbus is paramount. The consequences of a conviction can be devastating, impacting your freedom, finances, and future opportunities.

An experienced attorney can be your advisor and advocate during this challenging time. Remember, making the responsible choice to never drive under the influence is the best way to prevent the devastating consequences of a DUI involving injury or death.

Charged With a DUI That Caused Injuries? Get Guidance From a DUI Lawyer in Columbus.

DUI is a serious charge, regardless of the surrounding circumstances. However, if the incident involves harm to another party, it is imperative to have legal guidance.

Colin Maher can help you understand the charges against you, explain your legal options, and support you in court. Contact Colin at (614) 205-2208 or connect with him online.

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