DUI Auto Accidents.
Posted By Gold & Witham on Nov 17, 2009 2:00pm PST
The majority of DUI arrests do not arise out of an auto accident, but when an auto accident leads to an arrest for DUI, a number of additional issues arise. The first and most pressing issue is whether anyone suffered from personal injuries. If personal injuries are caused to another party, the DUI can be filed as a felony with the likelihood of much more punitive penalties. A felony DUI can lead to a state prison term. If the injuries are not serious, the Prosecuting Agency has the discretion to file misdemeanor DUI charges. However, a misdemeanor DUI involving a personal injury allegation still carries some jail time and a one year license suspension. Even a minor accident with property damage only can result in additional criminal penalties. Any DUI invoving an accident should be treated with the appropriate level of seriousness.
The next issue is restitution/compensation to the victim or victims. A report of the accident needs to be submitted to the defendant's insurance company immediately. If the insurance company needs a recorded statement, the defendant should cooperate but should politely decline to answer any questions concerning drinking or impairment, to protect against a prosecutor obtaining and using the statement in the criminal proceedings. It is in everyone's best interest that the victim be compensated for any damage to property and for any personal injuries as soon as possible as this will aid in resolving the criminal prosecution. In the event that insurance does not cover the loss, the criminal court retains the power to order the defendant to pay restitution to the victim following a conviction.
Just because a defendant is being prosecuted for DUI, does not necessarily mean that he or she was responsible for causing the accident. In the event of a dispute about causation, it may be necessary to retain the services of an accident reconstruction expert. Police officers investigating causation, often point to the impairment of the defendant as the principal or contributing factor in causing the accident, even if the other party was primarily at fault.
Experienced DUI lawyers Nigel Witham and Jeffrey Gold have successfully handled hundreds of DUI cases involving auto accidents. Please call for a free case evaluation.