Assume you go out to dinner with some pals and have a couple drinks with your meal. Then, on your way home (extra cautiously), someone runs a red light and T-bones your car.

Can You Receive A DUI If the Cops Arrive to Investigate the Crash?

The quick answer is yes. Even if the other motorist caused the collision, you could be prosecuted with driving under the influence if you were over the legal limit.

What Charges Will You Face If You Were Not at Fault for the Crash?

A person who is driving while intoxicated is not inevitably at blame for an accident. However, if you were above the legal limit when another driver hit you, even if you did not violate any traffic laws and had nothing to do with the incident, the investigating officer could charge you with DUI.

In California, punishments for first-time DUI include:

  • up to six months in jail
  • fines and fees of up to $3,600
  • DUI probation for three to five years
  • Driver's license suspension for four months or more
  • Possible ignition interlock device requirement

Are You Liable for Damages Caused by the Accident?

The State bears responsibility. Even if the other driver was intoxicated, the driver who caused the accident is accountable for damages. Under our state's comparative negligence statute, fault might be shared. Each driver involved in a collision can be awarded a percentage of fault. Even if the other motorist plainly caused the collision, the opposing party may allege that drinking alcohol decreased your reaction time and impaired your ability to prevent the accident. To defend against such a claim, you must demonstrate that you did not commit an illegal act or fail to perform a legal duty, and that the other motorist was to blame for the accident.

How a Defense Team Can Defend Against a DUI Driving Charge

There are numerous techniques to undercut driving evidence, and it all relies on the facts and circumstantial evidence of the case. When law enforcement arrives at the scene of a DUI accident and the driver is not in the vehicle, and there are no eyewitnesses to identify the driver, the prosecutor will depend on circumstantial evidence.

If the defendant makes a statement identifying themself as the driver, the defense attorney could try to show that the statement was obtained illegally or corrupted. This strategy may result in their statement being excluded. If the accused driver did not make a statement, the defense could argue that there was insufficient evidence to prove that the individual was the driver.

In other cases, such as when a person is in a parked automobile, a defense attorney must ask:

  • How the car was stopped, that is, was the car parked or was it in neutral against the curb?
  • Was the vehicle parked in a legal space?
  • Was the car parked on the side of the road or in the midst of it?
  • Where was the individual in the vehicle?
  • Was the person in the front seat driving with the key in the ignition and the engine running, or was it turned off?
  • Were the keys turned on?
  • Did the individual make any statements?
  • How long had the individual been in their vehicle, and could they have been waiting to sober up before driving?

Do You Need an Attorney?

If you are facing DUI charges, having a Maryland Criminal Defense Attorney on your side will give you the best chance of a good conclusion. A DUI on your record can have a substantial impact on your life, in addition to criminal and civil fines.