This is something that comes up a lot, and people are curious about it.
What if you had a couple of drinks at dinner, hopped in the car and started
to drive home, but got into an accident before you made it to your house?
Even though the accident wasn’t your fault, can you be arrested
and charged with
The short answer to this question is yes, you can still be charged with
DUI even if the accident was not your fault. You see, most of the time
with DUI, it doesn’t matter who was at fault. Anyone can get a DUI
without an accident, because most DUIs do not involve
It Comes Down to the Facts of Your Case
blood alcohol concentration (BAC) was .08% or above if you’re 21 or older, or .02% or above
if you’re under 21, you can expect to be charged with a DUI. Keep
in mind that your case is very fact-sensitive and the outcome depends
on several factors, depending on how you answer the following questions:
- What was your BAC?
- Are you 21 or older?
- Do you have any prior DUI convictions in the last 10 years?
- Was your license suspended or revoked?
- Was anybody injured or killed?
- Was there property damage?
- Did the officer mistakenly believe that you were at fault?
Could you be charged with a simple DUI, or
felony DUI because someone was seriously injured?
So, now you know that it is entirely possible to be charged with DUI even
if the accident was not your fault. Let’s say you are charged with
DUI, what types of penalties are you facing?
Unfortunately, it’s impossible to give you a meaningful answer without
you giving us more information. After asking you the above questions,
we’ll be in a better position to answer that question.
Please keep in mind that the DMV automatically suspends people’s
drivers’ licenses if they don’t contact the DMV and request
a DMV hearing within 10 days of their arrest. The license suspensions
can range from 4 to 12 months, depending on the driver’s age, if
they have prior offenses, and if they were insured, etc.
Looking for an Orange County DUI lawyer? Call the
Law Offices of Virginia L. Landry, Inc. to work with a DUI attorney who is
Board Certified in