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When a police officer charges you with assault, this is already a very serious crime and you should not take this charge lightly. However, if a police officer charges you with assault at the same time that they are also charging you with driving under the influence, you should seek the help of a criminal defense as soon as possible because you are facing criminal charges. Driving under the influence is not only incredibly dangerous for you, for passengers, and for others on the road, but when you also cause harm to someone else while driving under the influence, you may walk away with a DUI charge and an assault charge. If this is the case, you need to speak with attorneys now. It is important that you remember your rights and do not speak with the officer at the scene or anyone else about your situation because the officer can use this against you when you go to court. For more information on assault and DUI, please read below.

What happens when you face both assault and DUI charges?

When you commit assault with driving under the influence, you not only face one criminal charge but two. This will have extremely serious consequences if you are convicted. Depending on the state, this could mean any number of penalties, including:

  •      Huge fines, typically up to $5,000.
  •      Prison sentence
  •      A license suspension

It is possible that if and when you get your license back you would have to use what is known as an ignition interlock device. A judge may issue this for a certain period of time to ensure that you do not have any alcohol on your breath when you get into your car to drive it. Additionally, you may also qualify for an education or work permit. This will allow you to drive to school or to work, but it will not allow you to drive anywhere else. In fact, if you do have this type of driving permit and an officer pulls you over and sees that you are driving to another type of function that is not work or school related, this would mean that you are in violation of your suspension. When this happens, it is likely that a judge would revoke your education or work permit. Further, this could include some amount of jail time.

What if I didn’t mean to hurt someone?

Unfortunately, this will not necessarily make your case better. When you are driving under the influence of any type of substance, your judgment can be severely impaired. Even if you did not set out to harm someone, you could injure them badly or the injuries they sustain could even result in death. When a police officer is charging you with both a DUI and assault, it is imperative that you speak with a criminal defense attorney immediately. If the police officer takes you to jail at the scene, you have the right to ask for your attorney and wait to speak until they get there.

For more information, please contact a DUI lawyer in San Francisco, CA as soon as possible.


Thanks to The Morales Law Firm for their insight into criminal law and assault and DUI charges.

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