I Got A DUI After My Accident, But Someone Else Was At Fault!

Anytime you experience an auto accident in Arizona and are found to be under the influence of alcohol, you will be arrested for DUI. It does not matter who was at fault in the wreck if your blood alcohol concentration (BAC) is above the legal limit. That is, unless you are under the age of 21 and have been drinking, for which you can be arrested for DUI regardless of what the BAC registers.

People over the age of 21 are subject to being charged for DUI if their BAC is 0.08 percent or higher. If you drive a commercial vehicle, you cannot have a BAC over 0.04 percent without facing these charges. Arizona takes a tough stand over people in regard to DUI or drugged driving.

Even if you experience a DUI charge, it is a separate issue from your auto accident. You do not automatically become “at fault” in your crash. Whomever is found to be at fault is responsible for the damages.

The worst thing you can do is flee the scene of your accident if you have been drinking. This makes your situation – and potential charges – much more serious. Instead, you should accept that you risk being charged with DUI and fight that charge on its own, instead of committing the greater offense of hit-and-run.

If you do find yourself in an auto accident after you had some alcohol, call a criminal defense lawyer while you wait for police arrival on the scene. Make calling an attorney a top priority, so you can protect yourself and have basic information about what not to say and how to talk with police when they arrive. If police are on the scene and you are charged with DUI, call your lawyer at DM Cantor as soon as you are permitted to make a phone call.

More Complicated Cases Involving DUI on the Scene of an Accident

Driving drunk and experiencing an accident is one thing. But being in an accident with injuries after you have been drinking is an entirely different issue. This makes your situation more complicated. It also becomes much more important that you do not self-incriminate. Never say anything that makes it appear the accident could have been your fault. This includes apologizing for the accident.

If fault cannot be proven in your crash, you could find yourself blamed for it based on the fact that you were driving after drinking. If you are found to be at fault in your accident, you could experience felony charges and a lengthy prison term. You may even be required to pay restitution to other accident victims. In these situations, you need a highly experienced and aggressive DUI criminal defense lawyer.

With a highly qualified and skilled attorney, your felony DUI charge could be reduced to a misdemeanor, if you do not have a past record of these types of offenses and there were no injuries or fatalities.

Arizona Has Strict DUI Laws

Arizona is one of the toughest states in the nation, when it comes to DUI charges. This reputation is borne from a history of harsh sentencing for people caught driving drunk. Because the laws are so strict, you can expect to experience a wide range of penalties as part of sentencing, if you are found guilty. These penalties include:

  • Required prison time
  • Probation or parole
  • Suspension or revocation of your driver’s license
  • Mandatory use of an ignition interlock device on all of your personal vehicles
  • Requirement for costly SR22 auto insurance
  • Mandatory driving school attendance
  • Community service time
  • Impounding of your vehicle
  • Thousands of dollars in fines and fees

You Need an Experienced Arizona DUI Accident Attorney

Anytime you suspect you will be charged with DUI on an accident scene or if you find yourself charged with DUI, you need to call a skilled for your criminal defense. Whether it is your first, second or third DUI, a highly experienced criminal defense DUI lawyer can help you gain the best possible outcome in your case.

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About the Author

Attorney Matthew L. Nebeker provides strong and aggressive legal representation for DUI cases in Salt Lake

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