Commit a DUI and jail might not be your only problem

dui dui

I was recently arrested for DUI. There was an accident and the people I hit were badly injured. I was arrested, processed and given a court date. Ultimately, I plead guilty and had to spend a weekend in jail. Several months have passed and now I am being served with a lawsuit. Isn’t this double jeopardy?

No, this is not double jeopardy. First of all, the civil lawsuit that you were severed with does not place you in jeopardy. Under Pennsylvania law you can only be tried once for one set of facts. If the district attorney attempted to arrest you again for this DUI that would be barred under double jeopardy. The civil suit for the damage you caused is totally legitimate and enforceable. I suspect the victim retained a personal injury attorney and is attempting to compensate the victim for the injuries you caused.

2 Comments on Commit a DUI and jail might not be your only problem

  1. Gabriel, other than DUI, are there any other instances where you can be tried twice in this manner without it being double jeopardy?

  2. Brian J. Zeiger, Esquire // at 12:57 am // Reply

    @Cal. Any case where the victim is a civilian and they incurred a physical or financial injury they can sue you. This type of civil suit is the same as Gabriel discussed above, and is not considered double jeopardy.

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