DUI Causing Injury or Death in District of Columbia… | CGMIMM
Dui · DC
DUI Causing Injury or Death in District of Columbia
District of Columbia DUI with injury or death is a felony — typically charged as aggravated DUI, vehicular assault, or vehicular manslaughter. Prison time is mandatory in most cases.
Published May 9, 2026
## DUI causing injury / death in District of Columbia
When a District of Columbia DUI causes someone else injury or death, the case escalates dramatically — from a misdemeanor / first-offense matter to a serious felony with mandatory prison time.
## Charges based on outcome
**Property damage only:**
- May be enhanced misdemeanor
- Aggravating factor for sentencing
- Civil liability separate
**Injury to others:**
- **Aggravated DUI / DUI with serious bodily injury** — typically felony
- **Vehicular assault** in some states
- **DUI causing great bodily injury (GBI)** in some
- **Reckless driving causing injury** in others
**Death of others:**
- **Vehicular manslaughter / homicide while DUI** — felony
- **DUI manslaughter** in some states
- **Intoxication manslaughter** (TX)
- **Aggravated DUI causing death** in others
- **Murder (rarely)** — second-degree if extreme circumstances
**Multiple deaths:**
- Multiple counts (one per victim)
- Cumulative sentences possible
- Significantly higher exposure
## Typical penalties
**Aggravated DUI / serious bodily injury:**
- Felony classification
- Prison time: typically 1-15 years
- License revocation: 1-10 years
- Fines: $5,000-$25,000+
- Restitution to victims
- Mandatory ignition interlock
- Probation supervision
- Mandatory treatment
- Sometimes mandatory minimums
**Vehicular manslaughter / DUI homicide:**
- Major felony
- Prison time: typically 4-15 years (sometimes 25-life)
- License revocation: often permanent
- Substantial fines
- Substantial restitution
- Mandatory minimums in most states
**${s.name}-specific:**
- Specific statutory penalties
- ${s.name} sentencing guidelines
- Prior DUI enhancements
- BAC enhancements (high BAC, drugs)
- Aggravating factors (school zones, child passengers)
## Aggravating factors
**Sentence enhancements:**
- Very high BAC (often 0.15%+ or 0.20%+)
- Drug-impaired driving
- Combined alcohol + drugs
- Prior DUI convictions
- Driving on suspended / revoked license
- Hit and run + injury
- Children in vehicle
- Excessive speed
- Driving in school zone
- Refusing chemical tests
- Death of multiple victims
- Death of pregnant woman / unborn child
- Vulnerable victims (elderly, disabled)
## Implied consent + chemical tests
**${s.name} implied consent:**
- Driving = consent to chemical testing
- After accident with injury, often mandatory testing
- Refusal = automatic license consequences
- Refusal CAN be used as evidence
- Some states: refusal in DUI homicide cases is itself a crime
**Birchfield v. North Dakota (2016):**
- Warrant required for blood test (sometimes)
- Breath test allowed without warrant
- Implied consent statutes restricted
- Affects many DUI-injury cases
## Investigation differences
**Standard DUI:**
- Limited investigation
- Officer's observations + tests
- Quick processing
**DUI with injury / death:**
- Full accident reconstruction
- Forensic investigation
- Victim statements
- Witness interviews
- Medical records (yours + victim's)
- Black box / EDR data
- Cell phone records
- Drug recognition expert (DRE)
- Blood draws (often court-ordered)
- Toxicology testing
**More extensive = more potential defenses (and more prosecution evidence).**
## Defenses
**Standard DUI defenses still apply:**
- Stop legality (4th Am.)
- Field sobriety tests properly administered
- Breath / blood test calibration / chain of custody
- BAC margin of error
- Operator status
**Specific to DUI-injury:**
- **Causation** — was DUI the cause of injury?
- Other vehicle's fault
- Mechanical failure
- Weather conditions
- Victim's actions
- **Sober vs impaired** — even drunk drivers don't always cause accidents
- **Counter-reconstruction** — alternative explanations
- **Comparative fault** — civil but affects criminal evidence
- **Intervening cause** — superseding event
## Procedural complexities
**Multiple charges typically:**
- DUI (separate count)
- Vehicular assault / manslaughter (main charge)
- Reckless / wanton conduct (alternative)
- Hit and run (if applicable)
- Driving on suspended (if applicable)
- Each carries own penalty
**Plea negotiations:**
- More complex than standard DUI
- Single offense may resolve multiple
- Sentence agreements often
- Restitution provisions
- Mandatory minimums limit options
## Civil liability
**Concurrent civil case usually:**
- Victims (or families) sue
- Personal-injury attorneys
- Insurance limits often inadequate
- Personal assets at risk
- Bankruptcy doesn't discharge DUI-injury debts
**Insurance coverage:**
- Auto liability often pays (despite DUI)
- Some states / policies exclude criminal acts
- Umbrella policies sometimes apply
- Excess liability = personal exposure
## Long-term consequences
**Beyond prison:**
- Permanent felony record
- Cannot vote (in some states)
- Cannot possess firearms (federal felony if state felony)
- Loss of professional licenses
- Loss of employment
- Immigration consequences (LPRs / non-citizens)
- Civil judgments + collection
- Insurance impossible / very expensive
- Personal + family devastation
## Special situations
**Underage DUI causing injury:**
- Adult court typically (not juvenile)
- Lifelong consequences for young people
**Out-of-state defendants:**
- Extradition issues
- Travel restrictions
- Multi-state coordination
**Commercial drivers (CDL):**
- Career-ending typically
- See CDL DUI guide
**Repeat offenders:**
- Massively enhanced penalties
- 25-to-life possible
- Three-strikes consequences
## What you should do
If you've been charged with DUI causing injury or death in District of Columbia: hire an experienced criminal defense attorney IMMEDIATELY. These cases are NOT standard DUI work — many DUI attorneys are inadequate. Look for someone with felony DUI / vehicular homicide experience. Most District of Columbia attorneys offer free consultations. Cooperate with attorney + STOP TALKING to police. Investigation results = most powerful evidence. Don't speak with insurance company until counsel.
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*This guide is general information about District of Columbia law as of mid-2026 and is not legal advice. DUI-injury cases are life-altering. Talk to a licensed District of Columbia criminal defense attorney with felony DUI experience immediately.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.