DUI With An Accident
A DUI With An Accident can make any DUI case subject to additional punishment. Driving under the influence (aka DUI or driving while intoxicated), has certain enhancements which can make the case a felony. Even if not a felony, an accident can increase punishment even for misdemeanors. Accidents are considered especially dangerous by prosecutors and judges, as in 2013 alone, 1,149 children alone were killed in DUI accidents.
What To Do If Your DUI Involved an Accident
If you find yourself in an accident and you were arrested for DUI you need to contact a DUI Defense Lawyer as soon as possible. You do not want law enforcement using anything you say against you in a court of law. The sooner you get in touch with the lawyer the better it will be for your case.
An attorney will make it far more likely that you will be able to win your case if possible. A DUI lawyer can also greatly minimize the impact on you from this one mistake, by being your advocate and presenting evidence that may help present your situation. A DUI with an accident often relies upon breath test defenses and blood evidence defenses. Without a lawyer examining that evidence, you may be facing a full sentence, especially if someone was injured during the accident. With a lawyer, your chances of getting a reduced sentence or a reduced charge are much greater.
Defenses to a DUI With An Accident
In most cases, a client charged with a DUI with an accident is missing one legal element – no police officer saw driving. Very often, the officer is unable to prove that a client was driving, or that he or she had not been consuming alcohol after getting into the accident and exiting the vehicle.
As an Orange County DUI Lawyer can tell you, under California law, the officer must arrest and conduct a chemical test (blood, breath, or in certain cases, urine), within three hours of driving. With a single car accident, it is absolutely crucial that a driver exercise the right to remain silent.
If an alleged drunk driver is injured, often a blood test is taken to a hospital. Here is where knowing testing procedures, and the blood test defenses in a DUI, can help you. Hospital testing involves the red blood cell portion of the blood only, often doesn’t follow the more strict crime lab statutory requirements that whole blood be tested. Even most lawyers, unless they specialize in DUI cases, don’t know this fact. As a result, the hospital blood tests can often be kept out of evidence in court.
Why Hire a DUI Specialist?
It is important that you hire a lawyer with experience with the Orange County Superior Court system. An Orange County DUI attorney who practices Orange County DUI defense exclusively helps. The fact that your attorney knows local judges, prosecutors, and how DUI cases are best handled, can help your case. Additionally, a local lawyer will know the law enforcement officers, local laws, and any other information that might aid your case.
Make sure that you interview a selection of DUI attorneys in Orange County before choosing one if you can. If you need an attorney immediately, make sure that you look at online reviews, experience, and training. Also look for membership in the National College of DUI Defense, and California DUI Lawyers Association. Getting the best attorney that you can afford is critical if you want your future to be as un-impacted by this one mistake as possible.
We are happy to assist you with your case in any way that we can.