Fighting Back Against Drunk Driving Accident Charges

Posted on: 9 December 2019

If you were arrested for driving under the influence (DUI) in connection with a motor vehicle accident, you may be facing an enhanced level of scrutiny from law enforcement. In most places, a combination of DUI and an accident will elevate normal DUI charges to something far more serious. Read on to find out more about this common but unfortunate situation.

Don't Get Convicted

No matter what the circumstances of your DUI arrest were, the best way to avoid the worst of the penalties is to avoid being convicted. Being arrested is far from the end of the world — law enforcement personnel make mistakes and wrongly arrest people all the time. That is what criminal defense lawyers are for. They'll take a look at the facts of the case, the evidence, and your personal characteristics and offer you the best help available. You have an extremely good chance of having your charges dropped altogether or at least to have them reduced.

Aggravated Charges

Getting some professional legal help with your case becomes even more important when an accident occurred right before the DUI arrest. Certain factors can ramp up the intensity of a DUI charge and an accident is one of those things. What that means for defendants vary, but it can sometimes turn a misdemeanor DUI into a felony. Other aggravating factors include:

  • A child present in your car at the time of the DUI arrest.
  • An injury to others during while DUI.
  • Resisting arrest.
  • Extra-high blood alcohol concentration (BAC) results.

Proving Your Innocence

Just because you were arrested for DUI doesn't necessarily mean you caused the accident. It can be a challenge, however, to prove that. There's an understandable and automatic bias against those accused of being intoxicated and being in an accident. In addition to facing enhanced DUI charges and penalties, you might also be the target of a civil lawsuit from the other driver. Unfortunately, civil court has a different manner of dealing with guilt or innocence and you could find yourself owing everything you own to the other driver. Speak to a criminal defense lawyer about making sure the following actions occur so you can clear your name before the consequences begin to domino against you.

  1. Show that the other driver did cause the accident and not you.
  2. Show that your driving was not negatively affected by alcohol.
  3. Show that the results of the BAC were incorrect.
  4. Show that the accident itself and your own injuries negatively influenced the field sobriety tests.

Speak to a criminal defense attorney for help.