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To obtain a conviction for vehicular assault the prosecution must prove that the defendant operated a vehicle in a reckless manner or while under the influence of drugs or/and alcohol and cause serious bodily injury to another person. If the other person dies as a result of the injuries the defendant could face vehicular homicide charges. A driver does not have to meet the legal requirement for DWAI or DUI to be found to be operating the vehicle under the influence of drugs or alcohol. The actual charge is up to the prosecutor so many factors can result in a charge and, if convicted, a sentence. Sentencing can range from probation to 10-20 years in jail.
