QUESTION

What charges does a drunk driver face for causing multiple injuries on the road?

Asked on Mar 21st, 2012 on Criminal Law - Florida
More details to this question:
Our family narrowly avoided a wrong way drunk driver as we were traveling on the Interstate. Our car was one of 15 vehicles that were wrecked as people moved to get out of her way. Ultimately she stopped further south on the interstate when she crashed headlong into a car that was not so fortunate. Miraculously no one in any vehicle sustained life threatening injuries, though three people in other cars required transport to the hospital and I sustained a closed head injury. What charges will the driver face and what can we reasonably expect her consequences will be? Her blood alcohol was over twice the legal limit.
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25 ANSWERS

Jacob P. Sartz
Ultimately, it depends on what the prosecutor charged her with. There could be felony charges, though, depending on the proofs.
Answered on Jun 21st, 2012 at 11:14 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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She will be charged with felony vehicular assault. one count for each vehicle involved. Each count carries with it on average, a 4 year prison term.
Answered on Apr 03rd, 2012 at 3:34 PM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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In Michigan, there are a number of charges that are faced by this person. IF she caused death or serious injury, then the penalty could be up to 15 years in prison. As for you, if you have a serious impairment of body function, or permanent serious disfigurement, then you may be able to bring suit. You have a 1st Party claim for any unpaid medicals, wage loss, attendant care or replacement services. The difficult twist in the case involves the vehicle driven by the drunk driver not coming in contact with yours. This can raise certain legal issues.
Answered on Mar 26th, 2012 at 3:30 PM

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Criminal Defense Attorney serving Bloomfield Hills, MI
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She's looking at a Prison sentence of at least 1.5 to 15 years depending on her prior record-it could be higher. The charges are likely multiple counts of OWI causing serious personal injury & other lesser charges.The sentencing guidelines will be hard for her to overcome.
Answered on Mar 26th, 2012 at 3:19 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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She may do some time. The amount may depend on her history.
Answered on Mar 26th, 2012 at 2:56 PM

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Michael J. Breczinski
If she caused serious bodily injury she can be charged with a felony and go to prison. It sounds like she did this.
Answered on Mar 26th, 2012 at 2:25 PM

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IF IT WAS HER FIRST DUI SHE WILL PROBABLY GET SOME COUNTY JAIL TIME, THOUGH MAYBE PROBATION AND RESTITUTION ORDERED. IF SHE HAS A PRIOR SHE COULD GET A LOT OF COUNTY TIME. WITH TWO PRIORS SHE COULD GO TO PRISON. SO IT DEPENDS MORE THAN ANYTHING ELSE ON HER RECORD. THEY ARE NOW CHARGING PEOPLE WHO HAVE A PRIOR DUI AND THEN KILL SOMEONE IN A NEW DRUNKEN DRIVING ACCIDENT WITH SECOND DEGREE MURDER. I HOPE FOR YOUR SAKE AND THE SAKE OF ALL THOSE INJURED THAT SHE HAS A BIG INSURANCE POLICY (HIGHLY UNLIKELY) OR THAT YOU HAVE A BIG UNINSURED OR UNDERINSURED MOTORIST POLICY.
Answered on Mar 24th, 2012 at 10:37 AM

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Douglas J. Lindsay
A drunk driver which causes multiple injuries can be charged with multiple counts that relate to each injury sustained. Its discretionary with the Office of the County Prosecutor as to how many charges and what actual charges are pursued. Contact the Prosecutor's office and voice your opinion.
Answered on Mar 23rd, 2012 at 2:26 PM

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Estate Planning Attorney serving Kansas City, MO
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She may go to jail for causing injury while driving impaired.
Answered on Mar 23rd, 2012 at 12:05 PM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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Talk with law enforcement or the state attorney general's office about DUI maiming or depraved heart murder.
Answered on Mar 23rd, 2012 at 11:55 AM

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Roianne Houlton Conner
She could be charged with assault as well as attempted murder if the injuries were serious.
Answered on Mar 23rd, 2012 at 11:54 AM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Intox assault for each case with serious bodily injury.
Answered on Mar 23rd, 2012 at 11:49 AM

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Probably a felony VC 23153. Time to get a DUI specialist, because state prison may be just around the corner.
Answered on Mar 23rd, 2012 at 11:46 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Felony charges and prison for each person injured, or substantial property damaged. As to you, that is merely casual curiosity except as a possible witness at the criminal trial. More to your point, you and your passengers are now involved in a major complex multi-party civil lawsuit, for which you should really hire an attorney.
Answered on Mar 23rd, 2012 at 11:45 AM

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Criminal Law Attorney serving Lancaster, NH at Harden Law Office
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If this is in NH the driver could be charged with a felony DWI depending on the injuries suffered, her history and many other facts. No two cases are alike, the circumstAnces change everything. Each locale has differing standards so what happens really depends on the court, prosecutor and defense lawyer.
Answered on Mar 23rd, 2012 at 11:38 AM

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Gary Moore
She probably faces multiple criminal charges which have a presumption of imprisonment upon conviction and have at least a ten year maximum prison sentence.
Answered on Mar 23rd, 2012 at 11:36 AM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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Felony or misdemeanor charges, loss of license, potential jail time and probation. The defendant needs to consult with a DUI lawyer in the state she was arrested.
Answered on Mar 23rd, 2012 at 11:28 AM

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Drivers License Suspension Attorney serving Redlands, CA at Law Offices of Matthew Murillo
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How do you know what her BAC was? Or that the driver was even a "she"? If you were one of those cars that was not hit but the arrested individual, but sustained damage as a result of having to move out of the way. You might be out of luck as far as having the driver pay for damages. YOU can't expect anything about "her" consequences. SHE can expect felony charges for any injuries caused. Many things must be considered before anyone can start speculating on punishment, but it could be extremely serious.
Answered on Mar 23rd, 2012 at 11:27 AM

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Criminal Law Attorney serving Boulder, CO
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If serious bodily injury (broken bones severe scars or substantial risk of death) then felonies w possible prison. You also have a civil injury case that I would be interested in
Answered on Mar 23rd, 2012 at 11:16 AM

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Felonies Attorney serving Cocoa, FL
Partner at Gutin & Wolverton
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If you are driving under the influence and you seriously hurt someone you are looking at a prison sentence which could be substantial depending on the seriousness of the injuries. If someone dies the years add up to about 12 ?15 years in prison. So if you injured three people the sentences could and probably would be three times the years stated above. Depending on the person?s prior record the Court may downward depart and reduce the sentence to probation. However, in a recent case, a few years ago, a middle aged lady ran a red light and killed an elderly man in another car here in Brevard County, Florida. The Judge gave her approximately seven (7) years in prison because she had no prior record.
Answered on Mar 23rd, 2012 at 11:01 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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The drunk driver is facing Battery, DUI.
Answered on Mar 23rd, 2012 at 10:00 AM

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James Edward Smith
She is facing felony DUI which is up to 20 years in prison and no probation.
Answered on Mar 23rd, 2012 at 9:45 AM

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Charges can range from misdemeanor DUI to felonies for endangerment and aggravated assault. The felonies, depending on how the matter is charged, could result in mandatory prison. As you were injured as the result of a criminal act, you may also wish to consider remedies you may have under the victim compensation fund or a personal injury action against the driver.
Answered on Mar 23rd, 2012 at 9:41 AM

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Criminal Defense Attorney serving Roseville, CA at Chastaine | Jones
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The DUI driver will be charged with a felony drunk driving. The penalty can vary greatly depending upon a lot of factors. But seems very likely that he/she will go to state prison.
Answered on Mar 23rd, 2012 at 9:41 AM

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Bruce Arthur Plesser
Great personal injury case! Injuries will be factored into the DUI case.
Answered on Mar 23rd, 2012 at 9:40 AM

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