Injuring another person while you are driving under the influence can escalate your potential charges quickly. This crime is known as vehicular assault in the second degree. Causing serious physical injury to someone while driving intoxicated raises your charges from a DUI.
Vehicular assault is a Class E felony in New York. This increases the severity of the sentence for this type of accident.
What are the potential penalties?
Causing serious physical harm to another person may result in harsher penalties. The penalties you might receive include:
- License revocation for one year
- Fines up to a maximum of $15,000
- Probation up to five years with no jail time
- Jail time ranging from one to a maximum of four years
If you have previous DUI charges on your record, you might face additional penalties, including increased jail time and a license suspension of 18 months.
Can you defend a second-degree vehicular assault charge?
Defending against felony charges can be difficult, but there are still options available. The breath or chemical test may have been inaccurate. If the arresting officer did not administer the test according to the law, your lawyer can raise this defense in court. Additionally, if you were not read your Miranda rights you could use this as a legal defense.
Speaking with a knowledgeable criminal defense attorney as soon as possible may help minimize the potential penalties you face. A lawyer will be able to identify the legal defenses available to you and gather evidence to assist you in court.