What if my DUI involved a crash with injuries in Pennsylvania?

Last updated October 4, 2026.

A crash makes a Pennsylvania DUI more serious in two ways. First, even a general impairment charge is sentenced at the higher level once there was an accident causing bodily injury to anyone or damage to a vehicle or other property, which means at least 48 consecutive hours in jail on a first offense (75 Pa.C.S. 3804(b)). Second, if another person suffered serious bodily injury or died, prosecutors can file separate felony charges, aggravated assault by vehicle while DUI or homicide by vehicle while DUI, and state law then bars ARD (75 Pa.C.S. 3735.1, 3735 and 3807(a)(2)).

This page explains how the law treats each level of harm, from a dented bumper to a death. For penalties when there was no crash, see our main DUI defense page.

How does a DUI crash case move, step by step?

1. At the scene. A driver in a crash that injures or kills anyone must stop and stay until the duty to give information and render aid is met (75 Pa.C.S. 3742(a)).
2. Testing. Blood is often drawn at a hospital after a crash, and the time of the draw matters for the blood alcohol tier, as explained in the two-hour rule for DUI tests.
3. Charging. Police file the DUI and any crash-related charges. When someone was seriously hurt or killed, the felony charges in 3735.1 or 3735 can be added.
4. Bail and the preliminary hearing. The mandatory release rule for DUI arrests does not reach felony charges, so a judge decides bail, and the case starts at the district court for the place of the crash.
5. The Court of Common Pleas. In Delaware County the case then moves to the Courthouse in Media, covered in what to expect at the Delaware County Courthouse.
6. PennDOT. The license consequences follow each conviction separately, under 3804(e) for the DUI and 1532 for the crash offenses.

How does a crash change the DUI charge itself?

Section 3804(b) moves a general impairment case under 3802(a)(1) into the "high rate" penalty level when "there was an accident resulting in bodily injury, serious bodily injury or death of any person or damage to a vehicle or other property." The bar is low. The Vehicle Code defines bodily injury as "impairment of physical condition or substantial pain" (75 Pa.C.S. 102), and property damage of any amount counts. PennDOT's driver's manual applies its high rate table to drivers at 0.08% to 0.099% who are involved in such a crash.

The first offense stays an ungraded misdemeanor, but repeat offenses climb faster. A general impairment DUI with a crash and two prior offenses is a first-degree misdemeanor (3803(b)(3)), and the minimums rise to 30 days for a second offense, 90 days for a third and one year for a fourth (3804(b)(2) to (4)). For how earlier cases are counted, see whether a third DUI is a felony in Pennsylvania.

What if someone was seriously hurt?

Aggravated assault by vehicle while driving under the influence applies when a person "negligently causes serious bodily injury to another person as the result of" a DUI and is convicted of the DUI. It is a second-degree felony "when the violation is the cause of the injury" (75 Pa.C.S. 3735.1(a)). Serious bodily injury means injury that "creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ" (75 Pa.C.S. 102).

A second-degree felony carries up to ten years in prison and a fine of up to $25,000 (18 Pa.C.S. 1103 and 1101). If the driver was also unlicensed or driving while suspended at the same time and place, the court may add up to two more years (3735.1(a.1)). A conviction also brings a one-year PennDOT suspension under 75 Pa.C.S. 1532(a). Two questions usually decide these cases: whether the injury meets the legal definition, and whether the DUI, rather than something else, caused it. For the injured person, a DUI conviction or ARD in that crash also matters to the civil claim, because it restores full tort rights to someone with limited tort coverage; see limited tort versus full tort.

What if someone died?

Homicide by vehicle while driving under the influence (75 Pa.C.S. 3735) is the most serious charge in this group. It applies to a person who "unintentionally causes the death of another person as the result of" a DUI and is convicted of the DUI. The statute sets mandatory minimums that the sentencing guidelines cannot lower (3735(b)).

The qualifying priors are listed in 3735(a)(1)(ii): an earlier conviction, adjudication of delinquency "or other form of preliminary disposition" for a DUI or a felony under the same subchapter, including substantially similar offenses in other states. Our Pennsylvania criminal penalties chart explains the felony and misdemeanor grades.

What happens if a driver left the scene?

A driver involved in an accident that injures or kills anyone must stop immediately at or near the scene and remain until the duty to give information and render aid is met (75 Pa.C.S. 3742(a)). Leaving is a separate crime, charged on top of any DUI:

• Injury: first-degree misdemeanor.
• Serious bodily injury: third-degree felony, with a minimum of 90 days in prison and a mandatory minimum fine of $1,000.
• Death: second-degree felony, with a minimum of three years in prison and a mandatory minimum fine of $2,500.

The court has no authority to impose less than those minimums or to place the person on probation (3742(c)), and a conviction brings a one-year license suspension (1532(a)(3)).

Can I still get ARD after a DUI crash?

Pennsylvania law bars ARD when "an accident occurred in connection with the events surrounding the current offense and an individual other than the defendant was killed or suffered serious bodily injury" (75 Pa.C.S. 3807(a)(2)(ii)). A crash with lesser injuries or only property damage is not barred by the statute, but ARD then comes with a 60-day license suspension and restitution to anyone with a determinable financial loss (3807(b)(1)(v) and (d)(3)(iii)).

Delaware County's September 2026 ARD application adds its own limits. A DUI defendant is ineligible if someone other than the defendant suffered serious bodily injury in a crash, if the defendant left the scene of a crash with an occupied vehicle, if the defendant's actions seriously endangered another person, or if a civilian victim does not agree to ARD. The same application places "accident with bodily injury" in its Tier III (12 months of probation, 32 hours of community service and a 60-day suspension), yet it describes its standard DUI-ARD track as cases with no crash "indicated in the affidavit of probable cause." A crash case is therefore reviewed on its own facts, and the application states that admission is solely within the District Attorney's discretion. The full list of limits is on our page about ARD eligibility after a DUI in Delaware County.

What changes the answer?

• How badly anyone was hurt. "Bodily injury" (impairment or substantial pain) changes the DUI penalty level; "serious bodily injury" can bring a felony and bars ARD (75 Pa.C.S. 102, 3735.1, 3807(a)(2)(ii)).
• Whether the DUI caused the harm. Aggravated assault by vehicle while DUI is graded as a felony "when the violation is the cause of the injury" (3735.1(a)), and homicide by vehicle while DUI requires a death "as the result of" the DUI (3735(a)).
• Your record. Earlier DUI convictions or diversions raise the homicide minimums from 3 to 5 or 7 years (3735(a)(1)), and the repeat-offense minimums in 3804(b).
• Whether you stayed at the scene. Leaving is a separate crime with its own mandatory minimums when someone was seriously hurt or killed (3742(b)), and Delaware County treats leaving the scene of a crash with an occupied vehicle as a bar to ARD.
• The test result or a refusal. A highest-tier result or a refusal already puts the DUI in the top penalty level (3804(c)), with or without a crash; see what happens if you refused a breath or blood test.
• A commercial license. For a person who was a commercial driver at the time, a DUI or leaving the scene of an injury or property-damage accident brings a one-year commercial disqualification for a first violation (75 Pa.C.S. 1611(a)); see what a DUI means for a commercial driver's license.

For example: a rear-end crash with neck pain

Here is a hypothetical. A driver with no record rear-ends a car at a red light in Upper Darby. A breath test later shows 0.09%. The other driver complains of neck pain, is checked at the hospital and released. Because "substantial pain" fits the definition of bodily injury, the general impairment DUI is sentenced at the 3804(b) level: at least 48 consecutive hours on a conviction, a $500 to $5,000 fine and a 12-month suspension.

The statute does not bar ARD, because nobody suffered serious bodily injury. In Delaware County, though, a crash in the affidavit takes the case off the standard DUI-ARD track, and "accident with bodily injury" puts it in Tier III if the DA accepts it: 12 months of probation, 32 hours of community service, a 60-day suspension and restitution for the other driver's losses. If the other driver had suffered a fracture with lasting impairment instead, the same crash could bring a felony charge under 3735.1 and ARD would be off the table. This example is only an illustration; every case depends on its own facts.

What mistakes do people make after a DUI crash?

• Leaving before police arrive. That can add a separate charge under 3742, and in Delaware County it ends any chance of ARD.
• Assuming a minor crash does not matter. Property damage alone moves a general impairment case into the higher penalty level (3804(b)).
• Ignoring the medical records. Whether an injury is "bodily" or "serious bodily" usually turns on them.
• Forgetting insurance details. Delaware County's ARD application asks for the insurer, policy number, claim number and claim status.
• Treating restitution as optional. Restitution to anyone with a determinable financial loss is a condition of ARD (3807(b)(1)(v)).
• Waiting to get a lawyer. Causation and injury evidence fades fast, and felony cases move to the Court of Common Pleas.

What should I keep after a DUI crash?

• Every paper from the police and the court: the citation or complaint, bail papers and any notice of the preliminary hearing.
• Your insurance company, policy number and claim number. Delaware County's ARD application asks for all three, and for the status of any claim, when a case involves property damage or monetary loss.
• Any letter from PennDOT, which handles the license side separately from the court case.
• Your own medical records if you were treated after the crash.

The medical and crash records often decide whether an injury was "bodily" or "serious bodily," and that line decides which charges and which ARD rules apply. For the general timeline, our first offense DUI page covers what most first cases look like when there was no crash.

What should I do this week?

1. Gather every paper from the police, the hospital and the court.
2. Write down what happened at the scene, including how long you stayed and who you spoke with.
3. Note the time of any blood draw or breath test.
4. Collect your insurance company, policy and claim numbers.
5. Keep any PennDOT letter with its envelope.
6. Talk with a lawyer before the preliminary hearing; the steps are laid out in what happens after a DUI arrest in Delaware County.

Frequently asked questions

Does any injury at all change a DUI?

For the penalty level, yes: bodily injury to any person, or damage to a vehicle or other property, moves a general impairment case into 3804(b). For the felony charges, the injury must be serious bodily injury or death.

What if the other driver was partly at fault?

Fault and causation matter most in the felony charges. Aggravated assault by vehicle while DUI is a second-degree felony when the DUI is the cause of the injury, and homicide by vehicle while DUI requires a death resulting from the DUI, so how the crash happened is a central question.

Will I be held in jail after a serious crash?

The mandatory release rule for DUI arrests covers cases where the most serious charge is a misdemeanor (Pa.R.Crim.P. 519(B)), so felony crash charges usually go to a bail decision. Our page on how bail works in Pennsylvania explains the types of release.

How long will I lose my license?

It depends on the conviction: 12 months for a first DUI with a crash, one year for aggravated assault by vehicle while DUI (1532(a)), and three years for homicide by vehicle while DUI (1532(a.1)). Our page on when PennDOT suspends your license after a DUI explains how the notices arrive.

Should I take ARD if it is offered after a crash?

It depends on the evidence and the terms, which in a crash case include restitution and a 60-day suspension. Weigh it with a lawyer using whether to accept ARD or fight a DUI.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a DUI case that involved a crash.