Vehicular Assault

Vehicular assault is a serious criminal charge that can arise when a driver causes injury to someone else in a collision, often while driving under the influence, recklessly, or on a suspended license. A person accused of vehicular assault can face jail or prison time, a permanent criminal record, loss of driving privileges, and long-term consequences.

What Is Vehicular Assault?

Vehicular assault refers to a crime based on driver operation that causes injuries or death to another person. The grounds for vehicular assault charges vary from state to state, but most commonly arise out of causing injury to another while driving:

• carelessly or recklessly
• under the influence of alcohol or drugs, or
• with a revoked or suspended license.

Leaving the scene of the accident (a hit-and-run) when someone was injured can also result in vehicular assault charges.

How Do Vehicular Assault Laws Differ by State?

State laws covering vehicular assault conduct vary substantially in function and form.

The Crime

Not all states have a separate crime for vehicular assault. In some, these actions fall under a state's general assault or battery crimes, such as aggravated assault or assault with a deadly instrument—the vehicle being the deadly instrument. Other states use different terminology for the crime, such as criminal vehicular operation, serious injury or death by vehicle, assault by auto, or reckless operation of a vehicle resulting in injuries.

More Than Cars

Depending on each state's law, the term motor vehicle can include cars, trucks, SUVs, snowmobiles, all-terrain vehicles, motorcycles, watercraft, aircraft, and trains.

Definitions of Bodily Harm

Some states only impose criminal penalties for vehicular assault if serious injuries occur (versus minor injuries). Serious bodily injury or harm generally refers to injuries that are life-threatening or permanently debilitating or that result in permanent scarring or the loss of a limb or a bodily organ. For instance, bruises to the face are not considered serious bodily injury, but injuries to the face that require surgery or leave visible, disfiguring scars probably constitute serious bodily injury. Likewise, severe internal injuries or broken bones resulting from being hit by a car also constitute serious bodily harm under most criminal statutes. When a death results, the charge may become vehicular manslaughter.

What Are Common Vehicular Assault Charges?

The most serious vehicular assault charge generally involves driving under the influence and causing a collision. Reckless driving and hit-and-runs are also serious offenses. States may also impose criminal liability on negligent drivers and those driving without a valid license.

Vehicular Assault: Driving Under the Influence (DUI)

Several states define vehicular assault as driving while under the influence of alcohol or drugs and causing serious bodily injury or bodily injury to another. A prosecutor might charge a driver in this situation with both the crime of driving under the influence and vehicular assault because they are considered two separate crimes.

Driving under the influence of alcohol or drugs can be shown by evidence of impaired driving or presumed if the driver's blood alcohol content was at or above a certain level (typically ≥ .08 BAC). Prosecutors may establish impairment through evidence such as witnesses seeing the driver drink alcohol or take drugs before driving, an admission from the driver as to drinking or taking drugs, and witnesses experiencing or seeing the driver speeding, swerving, or otherwise driving recklessly. Even without witnesses, skid marks, the crash itself, blood tests, and other evidence may support a conclusion of driving impaired.

Vehicular Assault: Hit-and-Run or Leaving the Scene of an Accident

Many states now include leaving the scene of the accident as grounds for vehicular assault charges, even if the driver didn't cause the collision through negligence or recklessness. Hit-and-runs are considered serious offenses in many states given the dire consequences of leaving injured persons unattended.

Vehicular Assault: Reckless Driving

Reckless driving involves operating a vehicle in willful and wanton disregard for the safety of others. The emphasis is on the fact that the person was aware that their driving involved excessive risk and chose to drive in such a manner without regard for, and in spite of, that risk. Driving at extreme speeds, racing other drivers, or trying to flee police are common examples of reckless driving.

Vehicular Assault: Negligent Driving

A person drives in a negligent manner when they don't use the reasonable caution of an ordinary driver. Examples include inattentive driving, speeding, tailgating, or running a stop sign. This can also be called "careless driving." The law regards this driver as not careful enough but not reckless.

Vehicular Assault: Driving Without a Valid License

In some states, a person who drives without a valid license can be charged with vehicular assault if they end up in a collision that causes serious injuries to another. Anyone driving after revocation, suspension, denial, or cancellation risks these serious charges. Depending on the state law, these laws might come into play only if another traffic violation was involved. A few states use this circumstance to increase vehicular assault charges and penalties.

Is Vehicular Assault a Felony?

Penalties for vehicular assault vary from state to state. Vehicular assault involving impaired driving, reckless driving, and leaving the scene are typically felonies. Misdemeanor penalties might result when a person drives negligently or without a valid license.

Some states impose harsher penalties depending on the seriousness of the offense or the resulting injuries. For instance, New York imposes harsher penalties when a person causes a collision and has a BAC above .18. Minnesota increases its vehicular assault penalties based on the level of harm inflicted (bodily harm, substantial bodily harm, great bodily harm).

A felony conviction for vehicular assault can carry the possibility of one to 10 years of prison time (sometimes more), plus fines and restitution. Misdemeanor convictions generally mean up to a year of jail time, fines, and restitution.

Can You Go to Jail for Vehicular Assault?

A vehicular assault conviction can lead to jail or prison time. Whether a judge will sentence a person convicted of vehicular assault to probation or time in jail or prison depends on several factors, including:

• the penalty level (felony or misdemeanor) for a conviction
• state sentencing laws
• seriousness of the offense (high BAC, extreme recklessness)
• seriousness of injuries
• number of people injured
• age of the people injured, and
• driver's criminal record.

A felony conviction will most likely result in some time behind bars, whether that's jail time as part of probation or a straight prison sentence. Misdemeanor convictions might result in jail time upon arrest or part of probation or a regular sentence. Both will generally result in loss of driving privileges for six months or longer.

What to Do If You're Charged With Vehicular Assault?

If you face criminal charges for vehicular assault, contact a criminal defense attorney or ask for a public defender right away. It's generally best not to answer police or investigators' questions until you've spoken to an attorney. Your attorney can help you understand what will happen next in the process. A lot will depend on what caused the accident. If you're suspected of impaired driving, your attorney might need to discuss not only the criminal charges, but also administrative penalties (such as vehicle forfeiture and loss of your driver's license) that can happen in short order.

Often, in vehicle collision cases, insurance companies will be called in, and the victim might sue for personal injuries. If that's the case, you'll likely want to find a personal injury defense attorney.