Defending Clients in Dayton, Cincinnati, and Throughout Ohio
Driving under the influence (DUI) is a serious crime in Ohio. When a DUI results in an accident, the consequences are even more severe. If you have been charged with a DUI accident, you are facing serious penalties, including jail time, fines, and a criminal record. You may also be sued by the other driver for damages. At Lopez, Severt & Pratt Co., L.P.A., our Troy DUI accident lawyers are committed to helping you fight these charges and protect your future.
A DUI accident occurs when a driver who is under the influence of drugs or alcohol causes a motor vehicle collision. In Ohio, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If you are under the age of 21, you can be charged with a DUI if your BAC is 0.02% or higher. Commercial drivers can be charged with a DUI if their BAC is 0.04% or higher.
When a driver is impaired by drugs or alcohol, their ability to safely operate a motor vehicle is significantly diminished. They may have difficulty focusing on the road, making decisions, and reacting to hazards. This can easily lead to a collision.
Some common causes of DUI accidents include:
Swerving in and out of lanes
Driving the wrong way down a one-way street
Running red lights or stop signs
Driving too fast or too slow
Driving on the wrong side of the road
Driving on the sidewalk or in the wrong lane
Driving without headlights
Driving with the turn signal on
Driving into oncoming traffic
Driving into stationary objects
Driving into parked cars
Driving into pedestrians or bicyclists
When a DUI accident occurs, the driver who is under the influence is almost always at fault. However, this does not mean that the other driver is completely blameless. If the other driver was also negligent, they may be partially at fault for the accident. In Ohio, you can still recover compensation for your injuries even if you were partially at fault for the accident. However, your damages will be reduced by your percentage of fault.
What Are the Penalties for a DUI Accident in Ohio?
When a DUI accident occurs, the driver who is under the influence can be charged with a DUI and other crimes, such as vehicular assault or vehicular manslaughter. These are serious crimes that carry severe penalties.
The penalties for a DUI accident in Ohio include:
First DUI Offense: A first DUI offense is a first-degree misdemeanor. The penalties include a minimum of three days in jail, a maximum of six months in jail, a fine of $375 to $1,075, a driver’s license suspension of six months to three years, and mandatory participation in a driver’s intervention program.
Second DUI Offense: A second DUI offense is a first-degree misdemeanor. The penalties include a minimum of 10 days in jail, a maximum of six months in jail, a fine of $525 to $1,625, a driver’s license suspension of one to five years, and mandatory participation in a driver’s intervention program.
Third DUI Offense: A third DUI offense is a first-degree misdemeanor. The penalties include a minimum of 30 days in jail, a maximum of one year in jail, a fine of $850 to $2,750, a driver’s license suspension of two to 10 years, and mandatory participation in a driver’s intervention program.
Fourth or Subsequent DUI Offense: A fourth or subsequent DUI offense is a fourth-degree felony. The penalties include a minimum of 60 days in jail, a maximum of one year in jail, a fine of $1,350 to $10,500, a driver’s license suspension of three years to life, and mandatory participation in a driver’s intervention program.
First Vehicular Assault Offense: A first vehicular assault offense is a fourth-degree felony. The penalties include a minimum of 60 days in jail, a maximum of one year in jail, a fine of $1,350 to $10,500, a driver’s license suspension of three years to life, and mandatory participation in a driver’s intervention program.
Second Vehicular Assault Offense: A second vehicular assault offense is a third-degree felony. The penalties include a minimum of one year in jail, a maximum of five years in prison, a fine of $1,350 to $10,500, a driver’s license suspension of three years to life, and mandatory participation in a driver’s intervention program.
First Vehicular Manslaughter Offense: A first vehicular manslaughter offense is a third-degree felony. The penalties include a minimum of one year in jail, a maximum of five years in prison, a fine of $2,500 to $15,000, a driver’s license suspension of three years to life, and mandatory participation in a driver’s intervention program.
Second Vehicular Manslaughter Offense: A second vehicular manslaughter offense is a second-degree felony. The penalties include a minimum of two years in prison, a maximum of eight years in prison, a fine of $2,500 to $15,000, a driver’s license suspension of three years to life, and mandatory participation in a driver’s intervention program.
In addition to these penalties, a DUI accident can also result in a civil lawsuit. The other driver can sue you for damages, including medical expenses, lost wages, property damage, and pain and suffering. If the other driver was killed in the accident, their family can sue you for wrongful death.
How Can a DUI Accident Lawyer Help Me?
If you have been charged with a DUI accident, you need an experienced attorney on your side. At Lopez, Severt & Pratt Co., L.P.A., our Troy DUI accident lawyers have been defending clients in Dayton, Cincinnati, and throughout Ohio for over 10 years. We understand the serious consequences you are facing and are prepared to fight for you.
When you hire our firm, we will:
Conduct a thorough investigation of the accident, including reviewing the police report, interviewing witnesses, and examining the scene of the accident
Review the results of your blood alcohol test to ensure it was conducted properly
Review the results of your field sobriety test to ensure it was conducted properly
