- When you get into an accident, and the Police believe you have been drinking, the Police will ask you to take a series of breath tests. If you blow over 80 or refuse to take those tests, you will be charged with a DUI.
- What makes that DUI more serious is if you were involved in an accident.
- An accident is an aggravating factor and will be considered by the Crown, the lawyer representing the government, as they prosecute your DUI case.
- The Crown will consider what happened due to your accident in great detail.
- Generally, there are three categories that the Crown will be looking for.
DUI with Property Damage
- First, whether there was property damage only, but no one was hurt.
- In this case, the Crown will be looking to see how much damage there was.
- For example, they will look at the damage to your vehicle, any other vehicles, and any other property damage resulting from the accident.
- Generally, the more damage there is will impact how the Crown will handle your case, such as negotiations about potential resolutions.
DUI Causing Bodily Harm
- The second category is whether someone was hurt.
- If someone was hurt and that injury falls under “bodily harm,” that will significantly raise the seriousness of your DUI.
- And likely, it will result in your charge being upgraded to a charge called “Impaired Driving Causing Bodily Harm.”
- That upgraded charge has more severe penalties, including jail time up to 14 years.
DUI Causing Death
- And third category, and most serious category, is whether someone was killed.
- In that case, your DUI charge will be upgraded to a charge called “Impaired Driving Causing Death.”
- And in this case, you would face a maximum penalty of life in prison.
What happens if I get into an accident and the police believe I have been drinking?
If the police believe you have been drinking, they will ask you to take a series of breath tests. If you blow over 80 or refuse to take the tests, you will be charged with a DUI. However, if the accident caused property damage, the Crown will consider that as an aggravating factor in your case, and penalties may be more severe.
What are the different categories of DUI that can occur after an accident?
There are three main categories of DUI that can occur after an accident: DUI with property damage, DUI causing bodily harm, and DUI causing death. The more severe the outcome of the accident, the more severe the charges and penalties will be, potentially leading to charges such as 'Impaired Driving Causing Bodily Harm' or 'Impaired Driving Causing Death' and penalties such as jail time or life in prison.
