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If someone is drunk and hits a car, what will they be charged with in regards to the demage resulting? In other words, what charge will be brought against them for the demage they caused to property?
P.S. its NOT driving while intoxicated

2007-05-21 07:47:50 · 20 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

20 answers

On the property damage side, it would be the tort of negligent driving causing property damage. On the real world side, it's DWI or a related offense (DUI, DWAI).

Most insurance policies will disclaim coverage for an accident that occurs if your blood alcohol level is over the legal limit.

2007-05-21 07:52:43 · answer #1 · answered by Anonymous · 0 1

actually it driving while intoxicated would be one of the charges if they are/were drunk at the time. Other than that they would be charged with causing an accident.

If they left the scene then it would be hit and run. It would have to depend on the exact circumstances surrounding the incident. By the way, its damage, not demage.

2007-05-21 17:34:31 · answer #2 · answered by Anonymous · 1 0

Why wouldn't it be driving while intoxicated? That sounds like one of the charges that could be brought against such a person. It could be hit and run, if that person left the scene. Or driving while under the influence, I guess that is the same as the other one. Maybe reckless endangerment. Just guesses as far as the damages go, but driving while intoxicated is a definite one for me.

2007-05-21 14:55:06 · answer #3 · answered by Mother of one 2 · 0 0

If one were in operation of a vehicle while intoxicated and struck a parked car and left the scene and was found later after say a day or so by investigation you are correct it would not be an operating a motor vehicle while intoxicated charge.

Instead I would charge them with reckless operation, hit and run, criminal damaging and what ever traffic violations I think I could prove that caused the accident (failure to control, chaning lanes with out due safety, etc).

2007-05-21 19:44:29 · answer #4 · answered by Officer 4 · 1 0

Depends, it could be DUI and the penalty could be suspension of the license, probation and some type of community service or a alcohol rehab program. There could also be a fine and some type of restitution for the damage of either public or private property. BTW, if you're sittingi n you're car with the keys in the ignition and you are intoxicated you're going to be arrested for DUI, or DWI. Not public intoxication

2007-05-21 14:52:06 · answer #5 · answered by kc 2 · 1 0

Actually they could charge you with a DUI because you were under the influence and they would also charge you for wrecless endagerment if you stayed, If you fleed the scene and the police found out the person would be charged with hit and run and probably a DUI as well

2007-05-21 14:57:26 · answer #6 · answered by mevans1087 2 · 1 0

Reckless endangerment: A person commits the crime of reckless endangerment if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. “Reckless” conduct is conduct that exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. The accused need not intentionally cause a resulting harm or know that his conduct is substantially certain to cause that result. The ultimate question is whether, under all the circumstances, the accused’s conduct was of that heedless nature that made it actually or imminently dangerous to the rights or safety of others
Endangerment can range from a misdemeanor to a felony.

2007-05-21 14:58:01 · answer #7 · answered by Anonymous · 0 1

Besides a DUI, which could be elevated to aggrivated depending on the state and jurisdiction; you're looking at a possible leaving the scene (hit and run), criminal recklessness or reckless op, and the damage charges that others have mentioned.

2007-05-21 15:04:17 · answer #8 · answered by racehorsegirl83 2 · 1 0

im pretty sure that the cops would charge the person with an oui, i suppose that they might be charged with driving to endanger or negligent use of a motor vehicle or some such oddball terms. Its not against the law to run into someone, if they werent drunk it would just be an at fault accident, or the like.

2007-05-21 14:52:50 · answer #9 · answered by tomhale138 6 · 0 1

Of course it's DWI or DUI. Whoever told you it wasn't is incorrect. Now, in addition to that charge, the drunk may also be charged with various property damage (note the proper spelling of the word) infractions.

2007-05-21 14:52:08 · answer #10 · answered by kja63 7 · 1 0

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