A driver was rescued after her vehicle crashed into a flood control channel in Huntington Beach on Sunday morning. After her rescue, she was arrested on suspicion of drunk driving.
According to Huntington Beach police, the female driver "took out 50 feet of chain-link fencing" and drove her vehicle into a channel at Edinger Avenue and Graham Street at approximately 7:30 am. Emergency personnel rescued her from her vehicle, and fluids that leaked from the vehicle were cleaned up by the Huntington Beach Fire Department. The woman was subsequently arrested for suspected driving under the influence (DUI).
This accident and arrest bring about an important issue related to DUI cases. If you are involved in an accident or your vehicle breaks down and emergency personnel respond to the scene, you could find yourself in a situation where you are arrested for DUI. If law enforcement personnel on the scene believe you may have been drinking, they may ask you where you have been and how much you have had to drink. Based on your answers and their observations of your appearance and conduct, they may ask you to perform field sobriety tests.
Field sobriety tests, like the walk-and-turn and one-leg stand, may be used to establish probable cause that you are "under the influence" of alcohol and therefore should be arrested for DUI. Even if you are seriously injured and unable to perform field sobriety tests, are unconscious, or are taken from the scene in an ambulance, it is possible that you could still face DUI charges. Your blood may be drawn and tested for alcohol and/or drugs. Witnesses may be interviewed regarding your driving behavior prior to the accident.
Challenging DUI Accident Charges
After an auto accident, a driver could face simple DUI or DUI causing injurycharges. In extreme cases, a driver could be charged with vehicular manslaughter, if someone lost their life in the accident. The specific charges will vary depending on the circumstances surrounding the accident. DUI causing injury and vehicular manslaughter charges would only apply if the driver was accused of causing the accident that resulted in another's injury or death.
In the case mentioned above, there was no report of another person who sustained injury. The woman will probably not face DUI causing injury charges, but she may be charged with DUI depending on the evidence at hand. She could also be held liable for property damage the accident caused.
In single-vehicle and multi-vehicle accidents that end up in DUI charges, involving a competent attorney is one of the most important things you can do to protect your interests. These cases can also involve hit-and-run charges, which only enhance the potential penalties you may face if convicted. An attorney who fully understands California law as it applies to DUI, auto accidents, field sobriety tests, blood tests and breath tests can step in to protect your rights to the fullest extent.
Representing clients in Orange County and the surrounding areas in Southern California, we at the Law Offices of Virginia L. Landry have the skill necessary to challenge DUI charges of any severity. This includes cases involving accidents, injuries and even vehicular manslaughter. To learn more about our firm and services, please call for a confidential consultation. It is never too early to discuss your rights and options with a knowledgeable professional.