Could I face jail time for causing an accident while intoxicated?

Question

I am 55 and have a perfect driving record. I was involved in an accident. I had taken Xanax at about 3am and the accident happened at about 7am. Could I face jail time?

Steven D. Dunnings · Answer

Yes.

Michael Palumbo · Answer

Yes.

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

Yes, you could be charged with multiple counts punishable by jail time. Remember, though, you are presumed innocent until proven guilty beyond a reasonable doubt. You have a right to council. I'd strongly recommend that you exercise that right.  Most attorneys provide free initial consultations. If you cannot afford an attorney, the court may appoint you an attorney for offenses punishable by jail time at their discretion and pursuant to their applicable, local policies.

Jon Martinez · Answer

The simple answer to your question is yes, you may be facing jail time and possibly even prison time depending on the nature of the accident.  In Arizona, every DUI conviction carries mandatory jail sentences, regardless of your driving or criminal history.  What is more concerning is the possibility for your charges to be moved from something as small as a misdemeanor DUI to a serious felony offense, such as Aggravated Assault with a Deadly Weapon (your vehicle) or Endangerment.  If the accident involves serious injuries to another party, you may be facing these more serious charges that often come with mandatory prison sentences and serious felony records.

Cynthia Henley · Answer

You could be charged with DWI, intoxication assault, or if someone dies - intoxication manslaughter.  They would have to prove that the xxanex caused intoxication and the intoxication caused the accident.

Kevin O'Grady · Answer

If you are charged with DUI, especially one where an accident was involved, you need to hire an attorney that will fight you and not just plead you out. Ask your attorney how many DUIs he has plead out in the last six months. The number should be zero.

Mark R. Thiessen · Answer

Absolutely.  Do not answer any questions, even from insurance, until you hire  alawyer, and hire the best you can afford.

Robert Driessen · Answer

Possibly yes. You will want to have an attorney that is familiar with no alcohol related DUI cases.

Shannon Locke · Answer

I would like to know if there was any police involvement.  I would also like to know if you went to the hospital and if you were subject to a blood draw.  People are arrested in one of two ways 1) when they are caught committing a crime 2) when they are caught after an investigation.  If the police drew your blood, or if they obtain your blood from the hospital then you could face criminal charges.  If they did not, then it is very unlikely.

Edward Blum · Answer

The answer depends largely on whether anyone was hurt.  If so, you may face jail time.

Gregory Casale · Answer

Yes you can. Causing Bodily Injury to another while Intoxicated carries a mandatory minimum jail term of 6 months, which is only the minimum. If it was only property damage and not personal injury, you can still go to jail but it is not mandatory. If you do not already have legal counsel I would be happy to discuss this matter with you. Do not wait too long to get a lawyer. There are things that should be done right away.

Marc B. Geller · Answer

You could be charged with a felony & could receive time in custody. Normally we are able to negotiate a plea agreement where there is no custodial time.

James Schoenberger · Answer

If you are convicted of, or plead to, a DUI charge, there is a mandatory 1 day in jail. But many jurisdictions have alternative confinement programs. If your record is clean as you say, it is likely you will be offered an opportunity to plead to reduced charges which would not include any jail time.

Eric Sterkenburg · Answer

The expected pinilities for a first time DUI include the following; 3-to-5 Years Informal Probation 48-hours and up to 6 months jail time may be imposed Minimum $390.00 fine to maximum of $1000.00Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. Attendance at First Offender Program (FOP) Required Impound Vehicle up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years DUI enhancements: There was a traffic collision, whether or not it caused injury or death; Even with the enhancements there is a chance that you will not have to spend more time in jail than you did on the night you were arrested. There is flexibility in the pinilities and the sentence will depend on your attorney and the facts.

Timothy Klisz · Answer

Jail time is always a possibility in any criminal case.  Mixing  intoxication and an accident aggravates the situation.  Hire the best  local attorney you can afford and head to Court.

Joseph Redding · Answer

Yes.  In Wisconsin, driving while impaired, which causes an accident is a crime.  According to 363.65(3m) a conviction will result in a jail sentence from 30 days to one year.  There are defenses for this type of offense.

Craig Elhart · Answer

Driving under the influence causing serious injury is a felony.  You could face a possible jail sentence however any sentence would depend on what you were convicted of, if anything, and how you would score on the Michigan Sentencing Guidelines.

Daniel Kieth Martin · Answer

Potentially yes. How many victims? Were there injuries? The amount of time depends on many circumstances.

Mark Broughton · Answer

The short answer is yes, you could face jail, but then, so does anyone facing criminal charges. What you want to know is are you going to be sentenced to jail. That answer requires much more information (see some of my previous answers on this and related topics). One important fact missing here is whether anyone was hurt, and what was the nature of the accident.  I will say, however, that driving while under the influence of drugs alone is a very interesting issue. I have written and been interviewed by the media on this subject recently. We are seeing many more cases such as you describe where the person has taken medication - especially "sleeping pills" - at home, no alcohol, only to wake up in the police station or jail with no intention to drive, no recollection of having driven or having been involved in an accident. It's being called "sleep driving." It is a particularly troubling side effect of some medications, and is a special kind of DUI.  You should talk to a good criminal defense attorney to discuss your case. You may have some very good defenses. I wish you well.

Andrew Roberts · Answer

Yes jail time is a possibility. Accidents and DUI's equal enhancements to sentences. You need an attorney to minimize consequences.

Aaron Black · Answer

Not only could you be facing jail time, but you could be facing prison time. A DUI with a prescription carries a mandatory minimum of one day in jail and a one year license revocation. If you were in a multiple car accident you could be charged with endangerment dangerous. This carries a mandatory prison sentence of 1.5 - 3 years. Also, if another person was injured this case it can be charged as aggravated assault dangerous which carries a mandatory prison sentence of 5-15 years. DUI is charged twice, once for being impaired and once for having the drug in your system. If you have a prescription there is an absolute defense to one charge That would leave us with the impairment. Did you have the therapeutic amount of Xanax in your system? We may need to hire an expert for this.  Yes, you are facing mandatory jail. You need to consult with an experienced DUI attorney.

Craig Orent · Answer

The answer to your question depends on many factors not set out in your question. But, you should know that in Arizona someone convicted of DUI (even without an accident) is facing mandatory jail of at least 24 hours (or more). You need the assistance of a lawyer to assess your overall circumstances and properly advise you of your options. If you have a lawyer, you should ask him/her to answer your question as he/she will be in the best position to answer. Good luck.

Patrick Jarrett · Answer

The facts are not clear from your post.  It is important that you do not deal personally with the police or the prosecuting attorney.  If you are charged with a misdemeanor, the punishment range is up to $1,000 fine, up to 12 months incarceration (which can be suspended, probated, or stayed), or both.  If it is a felony, the penalty range goes up.  If you want to know what you are facing, I recommend you speak with an attorney about your case.

Eric Chandler · Answer

My first question is-were you arrested for Driving Under the Influence?  Unless you took an extremely high dosage of Xanax, I would be shocked if your ability to operate a motor vehicle was that impaired, especially 4 hours later.  If you were charged with DUI, contact a lawyer, as the accident definitely makes things significantly more serious and jail time is a possibility.  However, if you have no record, jail time is not likely unless you caused physical injury to someone as a result of the accident or were driving without insurance.

Stephen Richards · Answer

The answer is yes, although jail time is not mandatory for a first offense as long as you do community service.

Scott Gorman · Answer

You can face imprisonment on any DWI charge, especially if there was an accident with injuries. I would recommend that you call a criminal defense attorney right away. Preferably, you should contact an attorney who is well versed in DWI defense.

Jeffrey Pollock · Answer

Jail time is within the statute but good counsel could get you alternative   housing (or maybe house arrest).

Jonathan Willett · Answer

Jail time is a possibility, but not likely if you have a good lawyer.

James H. Dippery · Answer

Although your question does not contain enough facts, the short answer is that 'Yes' if you are convicted (or plead guilty) you will likely face some jail time. Whether your case can be put to trial enough to take to a jury depends on the facts and the physical/scientific evidence. Was there a blood test taken to determine the Xanax level?

Louis Leibowitz · Answer

You are facing jail time. While most first-time offenders are not sentenced to jail, a few are. Without knowing more about your case, the prosecutor and the judge it is impossible to predict what your sentence will be. You should contact a lawyer right away to begin to prepare your defense and mitigation.

William Wood · Answer

That would depend on the nature of the accident, whether there were  injuries, who the judge is, etc.  In general, first offense cases do not  result in jail time but it is highly dependent upon the factors noted  previously.

James Smith · Answer

If someone was injured yes.  If it is just property damage no.

Dennis Roberts · Answer

Depends how serious the injury is. If you have insurance that would be good.  If uninsured there is a very good chance of jail time.

Eric M. Mark · Answer

If no one died, jail time is unlikely. But, if someone was seriously injured, particularly in a school zone, it is possible. Regardless, you are facing very serious charges and your only chance of minimizing the consequences or avoiding conviction is to speak with and retain a lawyer.

Kevin Michael Smith · Answer

Anytime there are criminal charges filed you could face jail time, but when there is an accident involved those chances only increase, sometimes dramatically.  Given your clean record, and handled by the right defense attorney, jail time may be avoidable, but time is of the essence.

Stephen Freeborn · Answer

If you get charged with driving under the influence, yes, you could do jail time.  The fact that the medication you were taking may have been prescribed is irrelevant if you were driving under the influence.  DUI charges are serious and carry with them some very serious consequences if convicted. Consult with and retain the services of an attorney.

Matthew Murillo · Answer

Potentially. Have you been cited for anything?

John DeVito · Answer

As a general rule first offenders do not face jail time in an Operating under the Influence case. If the accident caused serious bodily injury and you are charged with Operating under the Influence causing Serious Bodily Injury you could face a mandatory 6 months in jail in Massachusetts.  Because it is a drug intoxication, because it involves an accident and because the charge can be serious, you should hire an experienced attorney,  There are multiple issues in this type of case and there may be defenses to the case. Speak to an attorney as soon as possible.

Jared Austin · Answer

It depends on a lot of factors. Was someone else hurt or was it just an accident? Was there property damage? Was this prescription medication and did you follow it properly or abuse it? Jail time is possible, but you may very well get off with just probation depending on a lot of the surrounding circumstances and who the judge is. If you have a job and are a productive person that will help. Seek out an experienced DUI attorney in your area. The consequences are too high and the process is too complicated to do it alone.

Jeff Yeh · Answer

Not if no one knows about it. Are you being charged with a DUI as well?

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Could I face jail time for causing an accident while intoxicated?

41 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer