DUI / DWI Defense
DUI Involving an Accident: Vehicular Assault & Homicide
These are the most serious impaired driving cases Washington prosecutes, and they are investigated differently from the moment officers arrive. Collision reconstruction specialists are involved, blood is drawn, and the file is built with a felony prosecution in mind.
They are also cases where the legal questions are genuinely contestable. Impairment and a collision occurring at the same time is not the same as impairment having caused the collision, and that distinction is where these cases are frequently won or narrowed.
What charges apply when a DUI causes injury or death?
| Charge | Classification | Maximum penalty | When it applies |
|---|---|---|---|
| DUI | Gross misdemeanor | 364 days / $5,000 | No injury caused |
| Vehicular assault | Class B felony | 10 years / $20,000 | Impaired or reckless driving causes substantial bodily harm |
| Vehicular homicide | Class A felony | Life / $50,000 | Impaired or reckless driving causes a death |
| Hit and run | Varies with the harm caused | Up to felony exposure | The driver left the scene — charged in addition to the above |
Vehicular assault and vehicular homicide replace a DUI charge rather than being added to it, and additional time is added to a vehicular homicide sentence for each prior offense.
Vehicular assault
A class B felony, alleged where impaired driving, reckless driving, or disregard for the safety of others causes substantial bodily harm to another person.
Vehicular homicide
A class A felony — the most serious classification in Washington — alleged where impaired or reckless driving causes a death. Additional time is added to the sentence for each prior offense.
Hit and run
A separate charge that can be filed alongside the others where a driver left the scene, and one that carries its own serious penalties.
Does the State have to prove the DUI caused the crash?
The State must prove that the impaired or reckless driving actually caused the injury or death — not merely that it was present. Collisions have many causes: another driver's conduct, road conditions, weather, visibility, mechanical failure, a pedestrian entering the roadway, or a sequence that would have unfolded the same way with a sober driver at the wheel.
This is where independent investigation matters most. Accident reconstruction, vehicle data, scene evidence, and witness accounts are frequently more equivocal than the initial report suggests — and unlike a routine DUI, these cases justify the expense of expert work.
Can the blood test be challenged after a crash?
Blood draws in serious collision cases raise legal questions of their own: whether a warrant was obtained, whether an exception genuinely applied, whether the draw was performed properly, and whether the sample was stored and tested according to protocol. Because a blood result is often the backbone of the State's case, defects in how it was obtained can change the entire posture of the prosecution.
Will I also be sued after a DUI crash?
Alongside the criminal prosecution there is nearly always civil exposure — a lawsuit by the injured person or their family, and an insurance investigation. Statements made to insurers can affect the criminal case, and vice versa. Coordinating the two matters, and it is a reason not to give recorded statements to anyone before speaking with counsel.
How is a vehicular assault case defended?
- Independent accident reconstruction where the State's theory of causation is contestable
- Full review of the blood draw — authorization, procedure, storage, and testing
- Examination of whether the driving conduct actually meets the standard alleged
- Investigation of other contributing causes, including other drivers and road conditions
- Careful management of parallel civil and insurance exposure
- Sentencing mitigation, which carries real weight in cases with tragic facts
Frequently asked questions
What is vehicular assault in Washington?
A class B felony charged where impaired driving, reckless driving, or disregard for the safety of others causes substantial bodily harm to another person. It replaces a DUI charge rather than being added to it.
What if the accident was not my fault?
That is often the heart of the defense. The State must prove causation — that the impaired or reckless driving caused the injury or death — and other drivers, road conditions, or the sequence of events may break that chain.
Can the blood test be challenged?
Yes. Whether a warrant was obtained, whether the draw was performed properly, and whether the sample was stored and tested correctly are all legitimate lines of challenge, and the result is usually central to the State's case.
Will I also be sued?
Very likely. A civil claim by the injured person or their family typically runs alongside the criminal case, and statements made in one can affect the other — which is why they need to be handled together.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.