Additional Charges to the DUI

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: If someone’s charged with DUI, even at the simplest level, they’re facing at least three different charges. Impaired to the slightest degree, a blood alcohol concentration of 0.08 and above, and administratively or civilly they’re facing the loss or suspension of their license.

Acacia Law: Yes, that is correct. Then there are other provisions that also apply. For example, they can include a charge of aggravated assault, believe it or not. They way they get to that is if you have a collision and someone’s injured by definition under the statute of assault a vehicle is a deadly instrument. If you strike another vehicle or a pedestrian and they incur a fracture or serious physical injury, it’s a felony.

Of course, you have the manslaughter statutes, which are also related to being under the influence and killing somebody, whether it is a pedestrian, some passenger in your vehicle or someone in another vehicle. There are a number of different subcategories of other felony statutes wherein operating a motor vehicle fit within the context and in fact are charged as such which are far more serious than we’ve discussed so far.

Interviewer: What if you hit a cactus or you crashed your car and no one else is involved. Will they still charge you with more than the DUI?

Acacia Law: No, they won’t. The best they could probably put at that point is criminal damage but it just looks bad.