October 7, 2025 | Criminal Defense
Most Ohio car accidents are handled through insurance claims and civil lawsuits, but some crashes can lead to criminal charges as well. The difference depends on the facts of the case, including whether the driver acted recklessly or otherwise violated the law.
Learning about how these situations work is important if you or someone you know is under investigation after a crash. Read on for more information, and contact a defense lawyer for a free consultation if you need help.
When Car Accidents Lead to Criminal Charges
Ohio law allows prosecutors to file criminal charges when a driver’s conduct goes beyond ordinary negligence.
Common examples include:
- Operating a vehicle while impaired (OVI): If alcohol or drugs played a role in the crash, you may face an OVI charge. Penalties can include jail time, fines, and a license suspension.
- Vehicular assault: Causing serious physical harm while driving recklessly, or while under the influence, can result in felony charges.
- Vehicular homicide or manslaughter: If someone dies in a crash linked to reckless or impaired driving, prosecutors may pursue serious felony charges.
- Hit-and-run accidents: Leaving the scene without providing information or aid can lead to criminal charges, even if the initial crash was minor.
In these cases, defendants may have to deal with civil and criminal cases against them.
Civil vs. Criminal Consequences
It’s important to understand that a car accident in Ohio can create two separate legal issues. Civil cases focus on monetary damages for injuries and property damage, while criminal cases are about punishment for breaking the law. A driver can face both at the same time.
For example, if someone is convicted of first-offense OVI after a crash, they could be ordered to pay fines and serve jail time. At the same time, the injured party could sue them in civil court for medical bills and pain and suffering.
The burden of proof in a criminal case is higher, however, so it is possible to be acquitted (found not guilty) at a criminal trial but then still be held liable in civil court.
Defending Against Criminal Charges After a Car Accident
Not every crash that seems criminal will result in a conviction. A strong defense strategy depends on the circumstances.
An experienced criminal defense attorney can:
- Review all of the evidence against you
- Challenge the accuracy of sobriety or chemical testing
- Question whether the driver’s conduct actually meets the legal definition of “reckless”
- Argue that the crash was unavoidable due to road conditions or another driver’s actions
Building a defense early can sometimes prevent a case from proceeding or dramatically reduce the severity of the charges.
How Ohio Law Treats Detention and Charging After a Crash
In Ohio, police may briefly detain a driver at the scene to investigate and check for signs of impairment. They may arrest the driver if they suspect criminal conduct, also known as probable cause. Prosecutors then decide whether to file charges, often based on evidence such as blood alcohol tests or accident reconstructions.
This process can move quickly. A seemingly routine crash can still escalate if law enforcement believes there was reckless or illegal behavior. Knowing your rights and having legal counsel on your side can significantly affect the outcome in these circumstances.
Contact the Dayton OVI Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
A car accident in Ohio can sometimes lead to more than civil liability. In certain situations, drivers may face misdemeanor or felony charges that carry lasting consequences. If you are accused of a crime after a crash, legal representation is critical.
Suhre & Associates DUI and Criminal Defense Lawyers is here to help. Contact our experienced Dayton OVI attorneys as soon as possible to protect your rights.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers, give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129,
Dayton, OH 45402
(937) 531-0435
