Driving While Intoxicated (DWI) is a serious motor vehicle offense that can lead to time in jail, hefty fines, penalties, surcharges, IDRC classes and the loss of your license. If you happen to have an accident while you were driving drunk, there is the possibility that you will now be facing criminal charges. If there are drugs in the car at the time of the accident you may be charged with Possession of a Controlled Dangerous Substance (N.J.S.A. 2C:35-10).

If alcohol is present in the vehicle when you get into an accident, you will most likely face possession of an open container (N.J.S.A 39:4-51b).  All criminal and motor vehicle charges will be increased if any minors are in the vehicle or if the accident or DWI occurs in a school zone.

Vehicular Assault (N.J.S.A.  2C:12-1c)

If you are involved in an accident while you are under the influence of drugs or alcohol, you can expect to carry the blame for the accident. Even if another driver did something that played a part, your reaction time would have been slowed down because of your impaired from drugs or alcohol. You could face vehicular assault (N.J.S.A. 2C:12-1c) charges on top of the DUI. Vehicular assault is also known as assault by auto.

Vehicular Homicide (N.J.S.A.  2C:11-5)

One of the worst things that can happen if you do have an accident while drunk driving, is injuring someone else or worse—killing someone. In these cases, you can be charged with vehicular homicide (N.J.S.A. 2C:11-5), also referred as death by auto. This situation could result in significant prison term.

Leaving the Scene (N.J.S.A. 39:4-129)

Because charges are so severe when it comes to drunk driving and getting into a car accident, drivers often think their best chance is to just leave the scene and hope they aren't found. The law states that a person shall immediately stop at the scene of an accident and remain on site until the police have arrived. One of the worst things you can do is to leave the scene. You may think you are avoiding the consequences of your drunk driving but more than likely the police will find you and charge you with leaving the scene (N.J.S.A. 39-4-129) of an accident. So instead of facing just a DWI, you will now be facing fines up to $5,000 and a jail term of 180 days for leaving the scene.

Speak With A Criminal Defense Lawyer

If you have been in an accident while drunk driving. Contact the attorneys of Villani & DeLuca to speak with one of our Criminal Defense Attorneys. Our firm is located in Ocean County and has been practicing in the area for over 20 years. Call 732-965-3999 to discuss your options.