When arrested for driving under the influence (DUI), things could get much worse if an accident occurred in conjunction with the arrest. Not only will you have to deal with a DUI charge, but you'll have to deal with your wrecked vehicle. Unfortunately, though, you might also end up with a far worse DUI charge and face more serious penalties. Read on to learn more.
Fault and Aggravated DUI Charges
Drunk driving accidents present a complicated set of circumstances. There is the issue of whether or not you really were legally drunk when the accident occurred and then there is the issue of who was at fault for the wreck. Just because you are arrested for a DUI after an accident doesn't necessarily mean that the facts of the case lead inevitably to a DUI charge in addition to being at fault.
Charged with DUI
If your blood alcohol level measured at least 0.08% after the wreck, you will be charged with DUI if you were driving at the time. First-time DUI charges are sometimes considered misdemeanors. While the penalties for even a misdemeanor DUI charge can be expensive and extensive, the charge could be bumped up to a felony in case of an accident.
DUI and Fault
If you are involved in an accident while under the influence, your DUI charge can turn into an aggravated DUI charge. Drivers who are intoxicated and cause an accident are said to negligent, which is a more serious level of offense than mere carelessness. Unfortunately, proving that you either were not drunk or that you were but did not cause the accident will be a great challenge. Most of the time, a DUI in conjunction with a wreck will automatically bring aggravated DUI charges.
You Can Fight the Conviction
It's vital that you seek the advice of a DUI attorney to help you get the charges reduced or dropped before you are convicted. A conviction of this magnitude could result in:
- Driver's license suspension
- Jail time
- High fees
- Victim restitution
- Civil actions—the victims may file a personal injury case against you.
Your criminal defense attorney must be able to:
- Prove the results of your blood alcohol concentration (BAC) were inaccurate.
- Show that the field sobriety tests were unfairly skewed by you being involved in a wreck.
- Show that the other driver caused the accident and that your BAC results had nothing to do with the wreck at all.
If you need a DUI lawyer to fight the conviction, visit websites like https://dlplawyers.com/ and learn more about your legal options.