A very common question we hear from clients and potential new clients all the time, is “Why am I charged with Operating a Vehicle While Intoxicated and Operating a Vehicle While Intoxicated Endangering a Person?” This is a very common and understandable question!
Many people also are very confused about how they could have endangered a person. Sometimes we hear that there was no one else on the road. Sometimes we hear that they were pulled over for a somewhat minimal traffic violation and still got charged with Operating a Vehicle While Intoxicated Endangering a Person, and they are understandably very confused about why they are charged with that.
All of these are normal and valid questions. Essentially, if you are charged with Operating a Vehicle While Intoxicated Endangering a Person, the State is alleging that you were driving, you were impaired due to intoxication, and you were driving in any manner that could endanger someone. This includes you! If you were the only person on the road, you can technically be charged and convicted of this crime for endangering yourself.
So, what all counts as endangering someone? There is a wide variety of driving behavior that can count here. Basically, any traffic violation that could potentially endanger someone can count. Some common examples include speeding well over the speed limit, running a red light, swerving on the road, driving on the wrong side of the road, driving off the road, and crossing the centerline. Simply operating a vehicle while intoxicated alone does not count as endangering someone.
If you are charged with both crimes of Operating a Vehicle While Intoxicated and Operating a Vehicle While Intoxicated Endangering a Person, rest assured that there are still ways to resolve it favorably. Often times, prosecutors and defense attorneys can work out plea agreements where you would plead guilty to one of the charges and get the other dismissed. These plea agreements usually involve very similar sentences whether someone pleads to Operating a Vehicle While Intoxicated or Operating a Vehicle While Intoxicated Endangering a Person. Even if you go to trial and are found guilty of both crimes, the convictions will usually merge, meaning you will not receive two separate sentences due to double jeopardy laws.
It is always a good idea to get an attorney when you are charged with these crimes to help you through the legal process and to fight these charges. Our experienced attorneys at Banks and Brower, LLC, would be happy to assist you with any type of Operating a Vehicle While Intoxicated crime that you have been charged with!
