What happens if I was in a DUI accident and was at fault? 45 Answers as of February 24, 2012

I was out with my friends last night at a bar. I was on my way home and I hit 2 people on a motorcycle. The lady was Fine but the man had to go to the hospital. I left the scene to go to get one of my friends. I went back and the cops were called. I was taken to the police station but wasn’t arrested cause I had to be transported to a hospital complaining of my side hurting. I was already on probation for domestic violence. My probation office and the judge had said that if I violated my 1-year probation. I would go to jail for 6 months.

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The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
That's a complicated question as the facts are a little all over the place. However, if you are found to have violated the terms and conditions of the probation then you are looking at potentially significant jail time. It is essential that you do everything to fight the DUI charge.
Answer Applies to: Washington
Replied: 5/27/2011
Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
If you were at fault, you can be subject to both criminal and civil penalties. You may be ordered to serve jail time, pay fines, pay restitution to the victims, and other penalties such as driver safety courses.
Answer Applies to: California
Replied: 5/19/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
If you were in a DUI accident and it was your fault then it can be a felony if someone was injured. This is very serious since you are already on probation.
Answer Applies to: California
Replied: 5/17/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In your case, if a first offense, you could be charged with OWI (intoxicated or impaired), or charged with OWI causing a serious injury. The last one is a felony and has higher penalties. You also face a probation violation in your DV case. Conviction could result in some jail time. Regardless of the charge, you need to have legal representation in both the OWI case and the PV case. You should not make any statements to police or other investigating officials. You may contact my office to arrange an appointment to discuss representation. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 5/16/2011
Anderson & Carnahan
Anderson & Carnahan | Stephen Anderson
You will be arrested for vehicular assault.
Answer Applies to: Colorado
Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    You are in deep trouble and need a lawyer. You could be convicted of a probation violation for the DUII or even drinking if your probation had a no drinking condition. You could be charged with recklessly endangering another person, or even assault. Did you blow on the intoxilizer? Did you give a statement? Call my office you need help far more than just the PV.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If you were on active probation at this time it is likely that this will be considered a probation violation causing you to serve penalties based upon your prior conviction. If you are convicted in this matter as well then you will face additional jail time and fines.
    Answer Applies to: Louisiana
    Replied: 5/16/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If you are convicted of DUI or leaving the scene of an accident you are likely going to have your probation revoked and serve the time. If you are convicted of the DUI you could be facing one year in jail, consecutive to your revocation. The charge for leaving the scene of an accident, if you are charged, as there were injuries, would be charged as a felony and you could be facing one year and a day to ten years in prison. Additionally, you may likely be held accountable in a civil action for the accident and could be sued. If you caused the accident while under the influence you could have a judgement entered against you for an extreme amount as punitive damages.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    You violated the terms and conditions of probation and accordingly the judge can sentence you to jail. You need to hire an experience attorney such as myself to handle the case for you. Visit my website for more information.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You need a good attorney. You may very well get charged with felony DUI due to the injuries, sounds like they could also charge you with hit and run. If you also have time hanging over your head in the event of a probation violation then you could be looking at some real custody. Please feel free to call our office for a consult.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Your facts of being on probation when you committed a DUI could result in a revocation of the probation with the underlying 6 month sentence required to be served. In addition, you may have a new sentence imposed for the DUI. The judge could also, reinstate the probation and place you on probation for the DUI as well. There are a number of possible ways this could be resolved. You should consult with an attorney.
    Answer Applies to: Kansas
    Replied: 5/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    It is difficult to say what the judges in your two cases will sentence you to, when you appear for disposition of the DUI case, and the violation of probation of your domestic violence case. The DUI is a criminal case, as well as a traffic matter. If you appear before the same judge on your domestic case as you had when you were sentenced, the chances are that you will be going to jail for the six months. Both charges are extremely serious, and you had better retain counsel as soon as possible, do not appear without one, and do not enter a plea of guilty before consulting with an attorney.
    Answer Applies to: Illinois
    Replied: 5/13/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    You're in for some very challenging times. Your probation will most likely be revoked for quite some time. Also, if the man you hit was injured, you will probably be charged with the felony offense of serious injury by vehicle while driving DUI. You will also be subject to having a civil suit filed against you. You need an attorney immediately.
    Answer Applies to: Georgia
    Replied: 5/13/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You are likely to spend six months in jail. It is possible that you could be charged with vehicular assault for the man's injuries. In is very important that you refrain from discussing this situation with anyone but your attorney. It is especially important not to say anything to police. I would suggest that you get into relapse treatment ASAP. The judge and prosecutor would be appropriately pissed off by this incident and your past criminal history. I personally believe that alcohol and probation is a dangerous mix. People can drink and watch their inhibitions melt away. Some people even get confrontational or violent. Ideally everyone on probation should strive to be good citizens and a responsible for themselves. That means getting over bad habits, if applicable, treatment and different friends. I know what it's like to be young and single. You want to hang out with your friends and have a beer or six. At 46, I can tell you that the time comes when you depart from that lifestyle in favor for a more-stable life. While I don't know you, it sounds like that time is now for you. I also strongly suggest you get a skilled lawyer ASAP. You are undoubtedly under investigation for Vehicular Assault. That charge would get you sent to prison for a decade or so. If you would like to retain our office, give us a call. I have prosecuted and defended such cases successfully in the past.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain an experienced criminal attorney in your area. You were on probation and have now violated that probation and can be sentenced to jail on the violation as well as the new DWI and they could run consecutively, meaning one after the other. Each charge carries a maximum of one year so you could receive a total of two years. I have lawyers in every city in New York State and will give you a free consultation.
    Answer Applies to: New York
    Replied: 5/13/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You get arrested and charged with felony DUI that carries prison time, you get sued for the damages, and you get charged with a probation violation and possibly returned to jail like the judge said.

    What can you do? Promptly turn this over to your car insurance company for handling the civil lawsuit. For the new felony criminal charges and probation violation, hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to not talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You are in trouble. There are three ways they can put you in jail. Probation violation, DUI, and hit and run. The last two can be felonies. You need an attorney to get the penalties.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    This is a large problem. There are a number of " hot buttons " here. -A DUI accident is an aggravator -Leaving the scene is also The probation is another. In order to guarantee the best result you should at least consult with a good attorney.Otherwise you might spend a year in jail or, God forbid, go to prison. For more info or a fee quote call.
    Answer Applies to: California
    Replied: 5/13/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    In addition to the DUI you could face charges for the accident. Also the 2 people could sue civi9lly for damages. You should hire an attorney.
    Answer Applies to: New York
    Replied: 5/13/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You may be charged with vehicular assault; leaving the scene of an injury accident; reckless driving; perhaps DUI. Vehicular assault is the most serious of these. Of course, these new offenses also amount to a probation violation. I would recommend getting a good lawyer to help yuo with the probation violation hearing and the new charges.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    You obviously have some big problems ahead of you. I strongly suggest you speak to a criminal defense lawyer nearby you and go over the fact pattern with him/her right away. You actually have three issues, the first being a DWI and the proof regarding that; the second being the hit-n-run issue; the third being the Violation of a Court Order of some sort, probably Probation. You presently have a lot of time potentially hanging over your head and you need legal counsel right away. Sorry to sound so strong about it, but you must get a head start on it. Good luck.
    Answer Applies to: New York
    Replied: 5/13/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Do not plead guilty. Make sure to talk to a lawyer. You need to make sure you protect yourself from a criminal, civil and probation standpoint.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    You are subject to revocation of your probation. Drinking may be an underlying cause. Treatment may be your escape route. Hire a lawyer and see about getting into rehab instead of jail. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    I assume you got charged with DUI and leaving the scene and both those offenses will cause your probation to be revoked. You really need to call me or speak with a lawyer in person to have the question fully answered. A lot will depend on a number of factor which are not clear to me at this time.
    Answer Applies to: Nebraska
    Replied: 5/13/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    It is not possible to accurately gauge your potential liability without more information. Alcohol related accidents are very serious. If the other passenger on the motorcycle is merely injured you are probably looking at some significant jail time as a consequence, if you are convicted. If the other passenger on the motorcycle dies as a result of these injuries, you are looking at significant (i.e. years) of prison time, if you are convicted.
    Answer Applies to: Minnesota
    Replied: 5/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    From the facts, it is possible that the prosecutor could charge you with OWI, leaving the scene of a personal injury accident and/or OWI causing serious injury. It will be up to the prosecutor to determine what if any charges are filed. As for the possible probation violation, upon a finding that you did violate probation, the court could sentence you to jail. For more information, contact us.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    No one can predict what a judge will do. However, you clearly need to retain an experienced criminal attorney ASAP! Good luck!
    Answer Applies to: Georgia
    Replied: 5/13/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You must contact a defense lawyer ASAP. You have serious exposure to additional criminal liability. You also have lots of exposure due to the being on probation. Call a good lawyer who does exclusively criminal defense.
    Answer Applies to: New Hampshire
    Replied: 5/13/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    DUI with accident is usually more serious, especially if someone other than yourself was injured (in which case you could be looking at a felony with state prison). Sinc eyou injured 2 people, the likelihood of a felony is quite high (you get 1 year extra for each additional victim). And remember the probation consequences are separate. Plus, you have to request a DMV hearing within 10 days in order to protect your license. Contact a DUI specialist immediately.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    This is a serious case as far as DUI's go. It is possible that you are looking at a felony DUI for causing the injury, and a Hit & Run for leaving the scene even though you eventually returned to the scene. Additionally, since you were on probation....there are issues here. What are you on probation for? I would recommend consulting with an attorney immediately to discuss your case in more detail. Feel free to contact me through my website.
    Answer Applies to: California
    Replied: 5/12/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    It's not a crime to be in an accident. It is a crime to drive under the influence. Unless there is evidence to show that you were either drunk, or were engaged in reckless driving, then there might not be a case against you. If there is a case against you, then you can be violated for your probation, since a person on probation is not expected to be charged with additional crimes. Sometimes the Judge will allow your violation to be delayed until after your new arrest has be resolved. Hopefully it will be resolved in your favor.
    Answer Applies to: New York
    Replied: 5/12/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    You need to talk to a lawyer. You're in trouble both for the DUII and for your probation. I don't know whether doing diversion on the DUII would help you on the probation, and you need a lawyer to help you to decide if you should try to negotiate a global plea bargain or go to trial on the DUII. Good luck.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Well unfortunately it looks like you could go to jail for 6 months. Plus you could be charged with DUII, reckless driving and hit and run (the last one is a felony in Oregon, where I work, if you cause physical injury to another person). You should find yourself a lawyer asap!
    Answer Applies to: Oregon
    Replied: 5/12/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    A DUI with serious injury is a felony. The fact that you are currently on probation for domestic violence will only serve to aggravate your situation. A felony DUI is punishable by up to 16 months, 2 or 3 years in prison. Additionally, you are facing a probation violation where the judge has already indicated that you will go to jail for 6 months if you violate. Needless to say, you need to immediately contact and hire an experienced criminal defense DUI lawyer to represent you. Much more detail is needed to thoroughly and properly evaluate your case. I hope this answer was helpful. Good luck.
    Answer Applies to: California
    Replied: 5/12/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin Smith
    Call me or another experienced criminal defense attorney immediately. You may not have been arrested yet, but you almost certainly will be, especially if your blood was drawn at the hospital as the cops will likely try to get a search warrant to seize the blood test results. If those are positive for either an elevated blood alcohol level or other intoxicants, you would be exposed to charges of assault with a motor vehicle, operation under the influence, and evading responsibility. All of those charges carry serious consequences, which is why you must call immediately to discuss your case more thoroughly in confidence. Additionally, an arrest on any charges is likely to result in a violation of probation.
    Answer Applies to: Connecticut
    Replied: 5/12/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    You will face very serious criminal charges. Contact a criminal lawyer as soon as possible. DUI's prosecutions are already getting a lot of attention; when you also cause an accident your case becomes significantly more serious.
    Answer Applies to: Nebraska
    Replied: 5/12/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    You face very serious charges. Leaving the scene of an accident when someone is injured is a felony. You could go to prison. You need to get an attorney - immediately. And if you are on probation, any new criminal activity could indeed cause your probation to be revoked. If your probation officer wants to revoke you, then you could face additional time. You are in a very difficult spot, I am sorry to say. Get a lawyer as soon as you can.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    You really need to contact a lawyer because they can charge you with a DUI felony. If the man suffered any kind of sever bodily injury the DUI is considered a felony in California and my be charged as such. You can contact me 24/7 to consult on this matter or got to my website.
    Answer Applies to: California
    Replied: 2/24/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    If you were involved in an accident and the government suspects that you were intoxicated at the time, especially if another person was injured, you should hire an experienced criminal defense attorney as quickly as possible. An attorney can begin to mount your defense while the government is conducting their investigation.
    Answer Applies to: Hawaii
    Replied: 5/12/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    First, report the accident to your insurance company asap to protect your coverage in case the people you hit make a claim or sue you. Second, get a good criminal attorney because you may be arrested for DWI and have your probation violated. I am a former federal and state prosecutor and now handle criminal defense so feel free to check out my web site and contact me to discuss the case.
    Answer Applies to: New York
    Replied: 5/12/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Did they every take your BAC to see if you were over the legal limit? If not, it would be almost impossible to charge you with a DUI. However, you can be charged with leaving the scene of an accident and you can be held responsible if the accident was your fault. Any conviction would probably result in a probation violation which could send you to jail. You should seek out an experienced criminal attorney right away.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    I think you are going to jail for at least 6 months. Drinking and then driving while intoxicated is not a good idea. If you happent to hurt someone while driving intoxicated, you can go to prison Say nothing more than what you already have to any cop or DA investigator and hire a good attorney. You should also anticipate a civil suit.
    Answer Applies to: California
    Replied: 5/12/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You are facing many issues, serious jail or prison time and need to discuss this with an attorney ASAP. I would be happy to discuss with you.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    You need to hire a lawyer immediately. You may be charged with a felony (vehicular assault). I would be happy to discuss your case further. I can be reached at anytime.
    Answer Applies to: Washington
    Replied: 5/12/2011
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