A DUI case that involves serious injury or death carries some of the most severe penalties under Washington law. Once alcohol or drugs are linked to a crash, prosecutors often pursue felony charges such as vehicular assault or vehicular homicide.
The emotional weight of these cases can be enormous, and the legal stakes are just as high.
Understanding the Charges in Serious DUI Accidents
When someone is accused of causing injury or death while impaired, prosecutors must prove two things: that the person was under the influence and that the impairment directly caused the accident. Vehicular assault applies when another person is seriously hurt, while vehicular homicide applies if a fatality occurs.
These are felony charges that can lead to years in prison, loss of driving privileges, and thousands in fines. In many cases, judges also impose restitution orders, requiring payment to victims or their families.
Beyond the courtroom, defendants face intense public scrutiny, job loss, and lasting reputational damage.
Challenging the Evidence
Even in high-stakes cases, prosecutors still carry the burden of proof. A defense attorney’s role is to test that evidence carefully, piece by piece.
- Field sobriety tests: These are often unreliable. Poor weather, uneven pavement, medical conditions, or stress can all cause a driver to appear impaired when they are not.
- Breath and blood tests: Results can be flawed if the equipment was not properly calibrated, the sample was mishandled, or the test was taken too long after the crash. Alcohol levels in the bloodstream rise and fall over time, and a delayed test may not reflect the driver’s condition when the collision occurred.
- Causation: Even if impairment is proven, the prosecution must still show that it caused the crash. Factors such as road hazards, another driver’s behavior, or vehicle defects can all play a role in an accident.
Building a Strong Defense
Every DUI injury or fatality case depends on the details. Attorneys often use accident reconstruction specialists, medical experts, or toxicologists to show alternative explanations for what happened.
Other defense strategies may include:
- Demonstrating that the accused was not actually impaired despite a positive test result.
- Showing that police failed to follow correct arrest or testing procedures.
- Questioning whether the evidence was collected lawfully or stored correctly.
In some cases, your attorney may negotiate for a reduction of charges to avoid a felony conviction. Courts may also consider treatment-based alternatives for first-time offenders, focusing on rehabilitation rather than long-term imprisonment.
Why You Need to Act Now
The first few days after a serious DUI arrest are critical. Evidence such as accident footage, witness statements, or vehicle data can disappear quickly. Early legal representation ensures that important information is preserved and that you do not make statements that could later harm your defense.
Because prosecutors and law enforcement often begin building their case immediately, waiting to seek counsel can leave you at a disadvantage.
Taking the Next Step
Facing allegations of vehicular assault or homicide is overwhelming, but a conviction is not inevitable. Each element of the state’s case must be proven beyond a reasonable doubt, and experienced legal defense can challenge weak evidence and highlight alternative explanations.
If you are facing DUI charges involving injury or death in Snohomish County, call Snohomish Law Group at 425-517-3847 to speak with Scott Lawrence today.
