Driving Under the Influence Charges and Drunk Driving Accidents

Drunk driving accident cases tend to involve serious bodily injuries. Many leave the accident victim with life-threatening injuries. According to the National Highway Traffic Safety Administration (NHTSA), in 2023, more than 12,000 people died in alcohol-related car accidents. This comes out to be about 34 fatalities per day.

For this reason, the drunk driving laws in the U.S. are very strict. They carry stiff penalties, including jail time, fines, and a driver’s license suspension. If you cause an accident while driving under the influence, you’ll face additional penalties and potential legal action on the part of the victim (or their family).

In this article, we’ll discuss how DUI charges work and the penalties for causing a DUI crash. If you’re facing drunk driving charges or other criminal penalties, consult a criminal defense attorney as soon as you can. They can be a trusted ally during this very confusing and nerve-wracking process.

DUI Accidents and Probable Cause

Law enforcement cannot catch everybody who drives after drinking alcohol or using drugs. However, when a drunk driver causes an accident, there is a much greater chance that a police officer will arrest them and charge them for DUI/DWI.

Normally, the police must have reasonable suspicion to pull someone over for drinking and driving. When the person committing the DUI is involved in a motor vehicle accident, the officer doesn’t need reasonable suspicion. The fact that a crash occurred is enough to warrant an accident investigation.

As part of their investigation, the investigating officer will ask the drivers if they were drinking or using drugs. They will also look for open containers of alcohol or other tell-tale evidence that the driver is impaired.

While the officer speaks with the drivers, passengers, and witnesses, they will look for signs of impairment. They can also conduct field sobriety tests or a breathalyzer test on the drivers involved in the crash.

BAC Testing for Drunk Driving Accidents

The rules for blood alcohol testing at an accident scene vary by state. Some states have DUI laws requiring law enforcement to test people involved in a car accident to see if they’re under the influence of alcohol or drugs. The most common way to do this is using a breathalyzer test to measure a driver’s blood alcohol content (BAC).

If the driver’s blood alcohol concentration is above the state’s legal limit, they will face a DUI arrest and additional charges. This is especially true if the accident resulted in serious injury or death.

You should speak with a local DUI lawyer to learn if your state requires BAC testing after an accident. They’ll be able to answer any questions you have about your DUI case.

Do the Penalties for DUI Increase if There is a Motor Vehicle Accident?

If a person causes an accident while under the influence of alcohol or drugs, they’ll likely face criminal charges. A DUI conviction for someone involved in a serious accident almost always results in an increased penalty.

Depending on where you live, being involved in a car crash while under the influence may escalate your charge from a misdemeanor DUI to a felony charge. Some states escalate a simple DUI charge to one of aggravated DUI or DUI with bodily injury. It all depends on the laws in your jurisdiction.

DUI criminal cases involving motor vehicle accidents typically involve more severe sentences, such as a longer jail sentence.

Civil Liability in Drunk Driving Accidents

If the police arrest you for DUI after a motor vehicle accident, the other driver and their passengers can sue you for damages. If they can prove that you caused the crash, you’ll likely be civilly liable for any damages they suffer.

If the other party files a civil lawsuit against you, it’s best to consult a personal injury defense lawyer. The fact that the police arrested you and charged you with DWI may be enough to convince a judge or jury to find for the plaintiff.

In a drunk driving accident personal injury claim, the plaintiff can sue for the following types of damages:

• Medical bills

• Future medical expenses

• Property damage

• Pain and suffering

• Lost wages

• Lost future income

• Punitive damages

While the courts rarely award punitive damages in personal injury cases, they’re more likely to do so in a DUI case. The judge or jury may want to punish you for driving while under the influence.

What if You Aren’t at Fault for the Drunk Driving Accident?

Just because you drove while under the influence of alcohol or drugs doesn’t necessarily mean you’re responsible for your motor vehicle accident. Your BAC may be above the legal limit, but that doesn’t automatically make you the at-fault driver.

If the other motorist caused the accident, they may face civil liability. However, you will still face DUI charges, especially if your test results are positive for alcohol or drugs. This means you may face some or all of the possible penalties for DUI, including:

• Fines

• Possible jail sentence

• Mandatory installation of an ignition interlock device

• Community service

• Alcohol and drug counseling

• Suspension of your driver’s license

In addition to these criminal penalties, a DUI conviction will also cause your insurance rates to increase.

How Long After the Crash Can the Police Arrest You for DUI/DWI?

Most people know that, over time, your BAC will start to decrease. This happens in a matter of hours. If you get into a car accident and the police officer doesn’t conduct a breath test or field sobriety test, there’s no way for them to know whether you were under the influence at the time of the crash. That’s why several states have specific time limits for measuring BAC levels (usually within two to three hours of driving).

There are times when law enforcement arrests a person for DUI after the fact. However, if you’re involved in a car crash, there’s a strong likelihood that the police will come to investigate the accident. If this happens, they’re bound to inspect the drivers involved in the crash to see if they’re under the influence of alcohol or drugs.

While there is no law that prohibits law enforcement from arresting a drunk driver after the accident scene clears, it doesn’t happen often. The police understand that it will be hard, if not impossible, for them to prove your guilt if too much time has passed since the accident.

Involved in a Drunk Driving Accident? Get Legal Help

Have you been involved in a car accident? Was alcohol involved? If so, you’ll most likely need the help of a defense attorney. This is true regardless of whether it’s your first offense or second offense.

A DUI conviction can lead to a driver’s license suspension and other negative consequences. If you’ve been arrested, it’s best to contact a local DUI attorney for legal advice about your misdemeanor or felony DUI offense. They’ll work hard to build a strong DUI defense and achieve the best possible outcome.