Immediate Consequences post-Arrest
After your arrest for a DUI with an accident, you may be taken to jail as part of the arrest process. Police usually take you to a station for booking, which involves taking your fingerprints and photographs. Depending on the seriousness of the collision, you may also need to post bail to be released. If anyone was injured in the accident, your bail could be higher. Often, you will have to attend a court hearing shortly after your release.
Legal Penalties and Fines
Legal penalties for a first-time DUI with an accident often include fines and jail time. You will face a minimum fine of $1,000. The Crown may also seek for you to pay restitution to anyone harmed in the accident. Jail sentences can range from a few days to several months, depending on the severity of the accident and other factors.
Additionally, if you are convicted you will have to complete a DUI education or treatment program called the Back on Track Program. If you are convicted, this offence goes on your criminal record, which can affect future job prospects and travel plans. Courts sometimes order community service as part of probation orders. You may also choose to install an ignition interlock device in your car, which prevents it from starting if you have alcohol in your system.
Licence Prohibition and Vehicle Impoundment
A DUI charge with an accident will always lead to licence prohibition. You will initially lose your license for 90 days upon being charged. If you are convicted, you will again lose your license. This time the period will be at least one year. Depending on the circumstances, your licence could be suspended or prohibited for life.
Vehicle impoundment is another consequence you might face. Police will impound your vehicle after the accident for at least 7 days, and retrieving it can be costly. You may also have to show proof of insurance before you can get your vehicle back. In certain situations, the police may seize the vehicle for continuing investigation or to prevent you from driving that vehicle pending the outcome of the charge(s).
Additional Considerations for Impaired Driving with Accidents
When you are involved in an accident during a DUI, several additional factors may come into play. These can affect your sentencing and the penalties you face, especially if there are injuries involved.
Aggravating Factors
Aggravating factors can increase the severity of your punishment. For instance, if this is your first offence DUI but your blood alcohol concentration (BAC) was very high, expect harsher minimum penalties. You could face higher fines, longer licence suspensions, and even jail time.
Other factors include having minors in the vehicle, speeding, and causing significant property damage, or driving a commercial motor vehicle. All of these can lead to your offence being treated as more severe, potentially pushing it into the category of an indictable (more serious) offence.
Injuries and Bodily Harm
If someone is injured, penalties become much more severe. Bodily harm cases often result in criminal charges beyond just a DUI. You could face charges like “dangerous operation of a motor vehicle causing bodily harm” or “criminal negligence causing bodily harm”
Injuries to another person can also result in civil lawsuits against you. This adds another layer of financial and legal complications, such as having to cover medical costs and paying damages. The involvement of bodily harm makes it crucial to have a knowledgeable legal team to help navigate these steps.