The High Cost of DUIs

Lawsuits by victims

Drivers who cause injuries while driving under the influence (DUI) can expect to be sued by victims. Many lawsuits against drunk drivers result in large jury awards, which are motivated by the public’s outrage over fatalities caused by impaired drivers. It’s not surprising that many of these lawsuits result in large jury awards. In one recent Tennessee case, the plaintiff was awarded $8.75 million in punitive damages.

Pennsylvania allows for an award of punitive damages for conduct that is “outrageous because of the defendant’s evil motive or his reckless indifference to the rights of others.” Pennsylvania courts have held that under certain circumstances, the act of driving while intoxicated may constitute outrageous conduct even in the absence of showing evil motive or malice.

Victims of a drunk driver may also be able to sue under Pennsylvania’s Dram Shop Law or Social Host Law. The former imposes liability on an individual or establishment that provides alcohol to a visibly intoxicated person who subsequently injures another person. The later imposes liability on a social host who serves alcohol to a minor. (A social host is anyone responsible for serving alcohol at a private gathering that’s not acting as part of an establishment licensed to sell alcohol).

Criminal penalties

A defendant charged with DUI (Driving Under the Influence) in a case which involves the death of another person, may be charged with the sentencing enhancement of homicide. Enhancements are additional penalties that a court can apply when an alleged DUI involves an accident, injury, or death. For DUI homicide, these penalties are quite severe.

In Pennsylvania, homicide is a second-degree felony which carries a maximum penalty of 10 years in jail, and a minimum of three years in jail for each person who lost their life. If there is a prior DUI, the prosecution can charge the defendant with DUI murder. Third degree murder carries a maximum sentence of forty years.

The costs really add up

Even DUIs that don’t involve crashes can cost in excess of $10,000 according to the Pennsylvania DUI Association. The Harrisburg-based non-profit, which works to eliminate impaired driving provided a breakdown of potential costs:

Fines: $500-$10,000. (Depends on blood alcohol content and first/subsequent )
Bail: $150-$2,500
Legal fees: $800-$8,000
Towing: $100-$1,200
Insurance: $1,500 per year for five to eight years as a high-risk driver
Drug and alcohol abuse testing: $250
Treatment: $150-$2,000
Monitoring bracelet: $400 per month
Ignition interlock: $1,200 to $2,000 per year — mandatory for a second offense
Court fees: variable
Fees for victim assistance and compensation variable