Pennsylvania DUI With Serious Bodily Injury or Death

Pennsylvania DUI With Serious Bodily Injury or Death




The main reason why DUI is such a serious offense, other than harm to character or self, is the increased risk a drunk driver has to cause serious bodily harm or death to others. Under Pennsylvania law, these offenses are classified separately from the traffic offenses that do not include DUI, and are punished more severely. In Pennsylvania, you are considered to be driving under the influence if you fall into one of the following categories:

Over the Legal Limit – BAC is .08%- .10% within two hours of driving a means

High Rate of Alcohol – BAC is .10% – .16% within two hours of driving a means

Highest Rate of Alcohol – BAC is .16% within two hours of driving a means

Controlled Substances – Any assessable amount of a controlled substance, noxious substance, or solvent in a person’s blood whether or not the individual’s driving is affected

Minor – Individual is 21 or under and has BAC of 02% or higher

Commercial or School means Driver – BAC is .04% or higher within two hours of driving

Because alcohol absorption depends on a person’s weight, body chemistry, tolerance, and other factors, you could be driving under the influence if you are over the legal limit but not impaired. Generally it is not advised if a person of an average weight – say, 160 pounds – is going to be out drinking the equivalent of three or more 12 oz beers that he or she function a motor means. It could consequence in tragic, irreversible consequences such as an accident causing serious bodily harm or death.

Aggravated vehicular assault is defined as the operation of a motor means with recklessness or gross negligence to the extent that it causes serious bodily injury to another individual. The person the harm is caused to can be inside or outside the means. This offense is usually a third-degree felony. However, if you are found to be DUI when the offense is committed, the offense is upgraded to a second-degree felony, punishable by:

• Up to 10 years of prison

• $5,000 – $25,000 fine

It is important to remember that the injured party may also file a civil suit for damages incurred in the accident. You could be facing financial consequences far beyond your fines.

Arguably the worst outcome of driving under the influence is the death of another individual. If you are driving drunk and you hit a pedestrian, or if you cause an accident that results in the death of an individual in your means or another, you could be facing a second-degree felony. In addition to facing the pain and experiencing your mistake may have caused, and a possible wrongful death lawsuit, you also will be faced with:

• Up to 10 years of prison

• Minimum consecutive 3 years of prison

• Consecutive three-year term for each deceased victim

• $5,000 – $25,000 fine

If you’ve already been charged with DUI with serious bodily harm or vehicular homicide, a qualified Pennsylvania criminal defense attorney will be able to help you sort by your case and determine your most popular defense options. Otherwise – don’t risk your future by recklessly endangering the lives of others. If you know you are going to be drinking, obtain a designated driver.




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