You can be charged with vehicular assault if you injure another person while operating a motor vehicle. This usually happens when:

  • Driving recklessly or carelessly
  • Driving under the influence of alcohol or drugs
  • Driving with a suspended or revoked driver’s license

The charge is brought by the District Attorney’s Office in addition to DUI/DWI charges, and carries stiffer penalties, including jail time and long-term loss of a driver’s license. Being convicted can also cost you a significant amount of restitution in thousands of dollars. You will have a permanent criminal record, which can be traced by a landlord, lender, or employer.

There are two types of vehicular assault:

  1. Second Degree Vehicular Assault (Class E Felony) – caused serious physical injury, drove while intoxicated, operated a vehicle containing dangerous materials weighing over 18,000 pounds, or operated snowmobile or ATV while intoxicated
  2. First Degree Vehicular Assault (Class D Felony) – has a BAC greater than 0.18%, knows they have a revoked or suspended license, has prior DWI charge in the last ten years, injures more than one person

Aggravated Vehicular Assault

When does vehicle assault become “aggravated”? The crime might be aggravated when you caused injury, which obviously exacerbates the already serious consequences of driving while intoxicated (DWI).

It can also become aggravated vehicular assault when the victim is very young, is hurt very badly or is an employee important to public safety.

Additional Charges

Apart from causing injuries to someone young or someone important to public safety, the consequences may further be intensified if you left the scene of the accident. For instance, you were drunk, got into an accident, and did not stop and wait for the police. In this specific situation, you can face three separate charges: vehicular assault, DWI, and leaving the scene of an accident.

Because vehicular assault charges will be on your criminal record permanently, you need aggressive legal support on your side. Call my law office today for a free 15-minute consultation.