It’s not uncommon for people to have a drink or two, drive home assuming their
blood alcohol concentration (BAC) is below the legal limit (which is .08%) and get into a car accident.
Sometimes the drinking has something to do with the crash, sometimes the
drinking has nothing to do with it.
What if “Jack” was in a non-injury car accident in Orange County,
and he had a couple of drinks before the crash? The police were called
to the scene and the cops asked Jack and the other driver if anyone was hurt.
Jack and the other driver both said, “No,” and they exchanged
their driver’s license, registration, and insurance information.
The police officer didn’t notice any odor of alcohol on Jack’s
breath, and the officer didn’t give Jack any type of field sobriety
test, nor did he ask Jack to take a breathalyzer.
Still a bit nervous because he was drinking, Jack is now wondering, “Can
the police come back and charge me with
DUI if they see the surveillance video footage from the bar that I was drinking
Jack was in a car accident in Orange County, and he’s pretty sure
that he was over the legal limit, but the officer didn’t seem to
notice. The officer also did not file a police report. Nevertheless, Jack
is still nervous that the police will come back and charge him with DUI
after the fact.
Is there any real evidence?
While Jack certainly made a mistake drinking and driving, in his case there
is no real evidence. If the officer didn’t ask Jack to perform any
field sobriety tests, have him blow into a breathalyzer, or take a sample
of his blood, he’s in the clear.
Even if there’s video surveillance footage of Jack drinking at a
bar an hour before the accident, it’s just not enough. Since Jack
was not investigated for DUI at the time of the traffic stop and since
there was no chemical test done, it would be nearly impossible for law
enforcement to prove their case.
Jack basically dodged a bullet, and hopefully he learned a lesson. Jack
does however, need to make sure that he reports the accident to his auto
Were you in a DUI accident with our without injuries? If so,
contact the Law Offices of Virginia L. Landry, Inc. for a hard-hitting defense!