If you have been involved in a car accident and had alcohol to drink, there are some important legal considerations you should be aware of. Here are six tips to follow if you find yourself in this situation.
1. Know the legal alcohol limit for driving in your state
In every state, it is illegal to drive with a blood alcohol concentration (BAC) that is above the legal limit. The legal limit for driving in most states is 0.08%. For commercial drivers, the legal limit is often lower, at 0.04%. If you are stopped by law enforcement and found to have a BAC above the legal limit, you will be arrested for DUI.
If you are involved in a car crash while under the influence of alcohol, you could be facing serious penalties. These may include jail time, fines, and losing your driver’s license. In some states, you may also be required to install an ignition interlock device in your vehicle.
You can do a few things to help avoid being charged with DUI after a car crash. First, know the legal alcohol limit for driving in your state. This is typically 0.08%, but may be lower for commercial drivers or drivers under 21. For example, the legal limit for driving in Florida is 0.08%, but it is 0.02% for drivers under 21.
Second, be aware of the exact location where the car crash happens. If it is in the Tampa Bay area, call a Tampa DUI lawyer as soon as possible. They can advise you of your rights and help you navigate the legal system.
Finally, cooperate with law enforcement officers and prosecutors during the investigation and court proceedings. This includes providing them with a statement about what happened but does not include incriminating yourself.
Following these tips can help you avoid being charged with DUI after a car crash. If you are facing charges, call a DUI lawyer as soon as possible to start building your defense.
2. Refuse to take a field sobriety test
When you are driving a car, you are operating a motor vehicle. This means that you are subject to the laws of the road, including sobriety laws. If you are involved in a car crash, police officers may suspect that you were drinking and driving. To determine whether or not this is the case, they will likely ask you to take a field sobriety test.
Refusing to take a field sobriety test can have legal consequences. In some states, it is considered an admission of guilt. In other states, it raises suspicion and may lead to further investigation. However, there are also some instances where refusing to take a field sobriety test can be beneficial.
If you have been drinking, taking a field sobriety test is likely to fail. This failure will be used as evidence against you in court. If you are arrested and charged with drunk driving, refusing to take a field sobriety test may be the best option.
There are also instances in which the police officer may not have probable cause to request a field sobriety test. In these cases, refusing to take the test can help you avoid giving them evidence that they can use against you.
If you are involved in a car crash, and the police officers on the scene ask you to take a field sobriety test, it is important that you understand your rights and options. Depending on the circumstances, refusing to take the test may be in your best interest.
3. Do not answer any questions without an attorney present
After a car crash, police will often ask questions about what happened and who was involved. Knowing that you have the right to remain silent and to have an attorney present before answering any questions is essential. This is because anything you say can be used against you in court. If you have been drinking, it is especially important to exercise your right to remain silent and to speak with an attorney, as anything you say could be used as evidence of intoxication. An experienced attorney can help protect your rights and ensure that you are not taken advantage of by the legal system.
4. Request a blood or urine test
When you are involved in a car accident, one of the first things you should do is request a blood or urine test. This is important because alcohol can play a role in causing accidents, and if you were drinking before the crash, it would be important to know your blood alcohol content (BAC). If the police want to test your BAC, you have the right to request a blood or urine test instead of a breathalyzer test. These tests are more accurate and can help prove your innocence if you are wrongly accused of DUI/DWI. In addition, the BAC test can also help determine whether the other driver was at fault. If the other driver exceeded the legal limit, they might be liable for your damages.
5. Gather evidence
If you were in a car accident where alcohol was involved, it is important to gather evidence to support your case. This may include photos of the accident scene, witness statements, and even video footage. If you have any blood or breath tests taken after the accident, these can also be used as evidence. By gathering this evidence, you can help to prove that alcohol was a factor in the accident and that you were not at fault. This can be crucial in obtaining compensation for your damages.
6. Contact an experienced DUI/DWI attorney
If you were in a car accident and the other driver was found to be at fault, you should contact an experienced DUI/DWI attorney. Even if the other driver was not drinking, if they were arrested for DUI/DWI, their insurance company may use that against you to minimize your claim or even deny it altogether. An experienced attorney will know how to deal with this and protect your rights.
If you have been involved in a car accident where alcohol was involved, it is important to be aware of your legal rights and options. By following these six tips, you can ensure that you are protecting your rights and giving yourself the best chance of a favorable outcome. If you have any questions or need assistance, please contact an experienced DUI/DWI attorney.
