What Happens If You Hurt Someone in a DUI?

Driving under the influence of alcohol or drugs (OVI) is considered a serious offense in Ohio.  When charged with an OVI, you face significant legal penalties. The consequences increase dramatically if you are charged with a DUI/OVI that injures or kills another person.

Understanding what happens if you hurt someone while operating a vehicle under the influnce is crucial for anyone considering getting behind the wheel while impaired. The impact extends beyond standard DUI charges including felony offenses, substantial prison time, losing your license, and a lasting impact on you and the victim.

In Ohio, the law recognizes the increased severity of an OVI when it causes physical harm to someone else. While a first-offense DUI without injury is typically a misdemeanor, causing serious 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 OVI laws causes serious physical harm to another person.

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 an OVI Involving Injuries or Deaths?

The penalties for Aggravated Vehicular Assault vary depending on the severity of the 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 OVI 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 OVI 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.

If you’re wondering what happens if you hurt someone in an OVI related incident, 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 in Columbus as soon as possible. A skilled attorney can help navigate the legal system, protect your rights, and explore all possible defenses.

When choosing an experienced OVI lawyer in Columbus, not just any attorney will do. You should be confident they will take the following appropriate actions:

• Conduct a thorough investigation of the incident, examining police reports, witness statements, and any physical evidence.
• Assess the legality of the traffic stop and the administration of any field sobriety tests or chemical tests.
• Identify any potential violations of your legal rights.
• Develop a strategic defense tailored to the specific circumstances of your case.
• Negotiate with the prosecution about the possibility of reducing the charges or penalties.
• Competently represent you at trial if necessary.

If you or someone you know is facing charges related to an OVI where someone was injured, securing experienced legal representation from an OVI lawyer in Columbus is paramount. The consequences of a conviction are devastating.  Your freedom, finances, and future opportunities are at risk. An experienced attorney can be your advisor and advocate during this challenging time.

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

A simple OVI is a serious charge regardless of the surrounding circumstances. If the incident involves physical harm to another party, it is imperative to have legal guidance.

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