Common Automobile Crimes

There is a wide variety of crimes that involve automobiles. While drag racing and drive-by shootings are examples of some less common crimes, below is a list of the more common automobile crimes.

What Are Drunk Driving, DUI & DWI?

Drunk driving, often referred to as “driving under the influence” (DUI) or “driving while intoxicated” (DWI), is a serious issue in all states in the U.S. Every state treats it as such. Below is an explanation of some of the basics of drunk driving.

• Drunk Driving, DUI & DWI: Drunk driving is a serious criminal offense that can lead to major consequences. Depending on the laws of the state in which a person is charged, one is usually considered to be legally intoxicated if they have a blood alcohol content (BAC) of 0.08% or 0.10%.

A person may choose to operate a motor vehicle after drinking alcohol or taking drugs that impair their ability to drive. If this is the case, they may be arrested, subject to BAC or breath testing, charged with a misdemeanor or a felony. If convicted, they can be sentenced to time in jail, payment of a fine, and other possible punishments explained below.

It is important to keep in mind that a drug does not have to be a controlled substance to impair a person’s driving. Even prescription and over-the-counter medications can impair a person’s driving and cause them to be charged with DUI or DWI. Driving while impaired by the ingestion of marijuana is still a crime, even if possession of marijuana is legal in a state.

Likewise, a person does not have to have a measurable BAC of .08% or more to be charged. If a lower BAC impairs a person’s driving, they can be arrested and charged with DUI or DWI.

A first offense of DUI or DWI may be charged as a misdemeanor. However, it might bring felony charges if the perpetrator injured another person or caused damage to property, or if there are other aggravating circumstances present, e.g., a minor child was in the car at the time of the offense. A person is also likely to be charged with a felony if it was not their first drunk driving offense:

• Punishment for DUI & DWI Varies in Different States: Most states allow for a person to be sentenced to a variety of punishments for DUI and DWI offenses. For first offenses, the punishment might not involve jail time, although it can. Whether a person goes to jail may depend on their BAC. If it reaches a certain level above .08%, a person is more likely to have to spend some time in jail.

A person is very likely to have their driver’s license suspended after a first DUI. In fact, in many states, the process for an administrative or automatic suspension may begin as soon as a person has been arrested for DUI or DWI.

A person may be able to get a restricted license, which would allow them to drive to work or school and home.

A person may have to install an ignition interlock device on their car. This is a device that prevents a person from starting their car until the device has measured their BAC. It may also check the driver’s BAC while they are driving.

A person may be required to attend alcohol or drug counseling, treatment, or classes after being convicted of a first DUI offense. This might involve inpatient or outpatient rehabilitation, counseling, therapy, or other interventions depending on the circumstances of the person’s case.

It is probable that a person has to pay a fine and court fees as part of the punishment for a first-offense DUI. The amount may come to hundreds or even thousands of dollars.

Finally, a person’s car insurance rates are sure to increase after a person has been convicted of a DUI or DWI offense. A person may have to obtain SR-22 insurance, which means they must file a certificate of responsibility with their state. This is not offered by all insurance companies, and those that do offer it usually charge higher premiums.

A person can expect all of these punishments to become more severe if they are convicted of a second or subsequent DUI or DWI offense. For example, a person may be charged with a felony as opposed to a misdemeanor. This brings longer terms of imprisonment, or imprisonment in state prison as opposed to a county jail.

What Are Some Examples of Serious Automobile Crimes?

Some examples of serious auto crimes would be the crimes of vehicular homicide and vehicular manslaughter. These are perhaps the two most serious possible crimes that involve automobiles.

Homicide is described generally as the intentional and unlawful killing of one person by another. Intentional murders, such as first-degree murder, are included, as are unintentional killings, such as voluntary manslaughter.

Vehicular homicide is the criminally negligent or intentional killing of another person through the use of a vehicle. Vehicular homicide is a form of homicide crime that kills another person. However, instead of a gun or a knife, a motor vehiclze is used as a weapon. The crime may also be charged if the driver was driving with a criminal level of negligence, e.g., speeding excessively while intoxicated.

Before states adopted vehicular homicide laws because of concerns about increasing deaths that were related to vehicles, drivers were typically charged with involuntary manslaughter if they caused a death while driving.

Vehicular homicide and vehicular manslaughter are not charged only in the event of the death of a passenger; this can also be charged in the event that a person’s use of a car causes the death of a pedestrian, bystander, or another driver as well.

Even where multiple drivers may be involved in an accident, vehicular homicide can still be charged if any driver has acted with criminal recklessness or negligence.

Some states define the crime of vehicular homicide as a person causing the death of another while committing a traffic violation. For example, in Georgia, a driver can be charged with vehicular homicide if they cause the death of another person while doing any of the following:

• Passing a school bus in an unlawful manner;
• Driving recklessly;
• Driving under the influence of drugs or alcohol;
• Fleeing from the police.

In Georgia, if a driver causes the death of another person while committing any traffic offense other than those listed, the crime is considered second-degree homicide by vehicle.

Each state has its own system of definitions for vehicular homicide and manslaughter. They specify their own punishments. In all states, however, a person can expect to face severe consequences, e.g., prison time, if they are convicted of vehicular homicide or vehicular manslaughter.

What Are Some Other Felony Offenses Involving Cars?

Other crimes involving vehicles that are treated harshly by the criminal laws in most states are the following:

• Carjacking: This is the crime of taking over a car, usually in the presence of the driver and usually by force or fear. It is both a federal crime and a crime in all states. The punishment usually includes imprisonment for a term of years;
• Grand Theft Auto: This is the theft of an automobile. It is usually charged as a felony, and the punishment includes incarceration in a state prison;
• Leaving the Scene of an Accident, or a Hit and Run: This crime occurs when a driver is involved in a collision, and instead of stopping to render aid and exchange information as necessary, the driver flees the scene. Different states impose different punishments, and they depend to some extent on the seriousness of the accident that a person flees.
  • Generally, if the accident involved only property damage, the consequences may be less serious than the punishment for fleeing a scene in which a person was injured or killed.
  • But punishment would include a misdemeanor or felony charge, incarceration, payment of a fine, suspension of a person’s driver’s license, the addition of points to a person’s driver’s license, and increased premiums for car insurance;
• Refusing to Stop for a Police Officer: This crime is committed when law enforcement tries to pull a person over on the road, and the person does not stop but flees. Depending on the law of the state in which a person committed the crime and the facts of the case, the crime can be charged as a misdemeanor or a felony. Conviction can bring payment of a fine and/or incarceration.

What Are Speeding and Moving Violations?

Perhaps the most common car-related crimes are simple speeding and moving traffic violations. Many people are cited for one of these crimes at some point in their lives. Some of these offenses are as follows:

Speeding is simply driving faster than the speed limit. In most states, the police do not even stop a person unless they are driving at least 10 miles per hour over the speed limit. The punishment is usually payment of a fine unless the circumstances are unusually bad, e.g., speeding 25 miles per hour or more over the limit.

Other moving violations are driving on a suspended license or without a license, following too closely, failing to signal a turn or a lane change, and failing to stop at a stop sign or a red light. Still, other violations are equipment violations, such as driving at night with a headlight that is not functioning. Driving with an expired automobile registration is yet another offense.

These offenses usually result in a citation for a traffic violation that requires payment of a fine. More harsh punishment may be called for if the facts of a case are especially egregious in some way.

Do I Need the Help of a Lawyer for My Car-Related Crime?

If you have been charged with an automobile crime, you want to consult a local criminal defense lawyer.

LegalMatch.com can connect you to a knowledgeable lawyer who can protect your rights and guide you in dealing with the prosecution. Your lawyer can represent you in the negotiation of a plea agreement or at a trial.