Were you involved in a car accident where the other driver was at fault, but since you were drinking earlier, you were arrested for driving under the influence? The other driver ran a red light and T-boned you at an intersection, and there’s camera footage to prove it. So, do the police have the liberty to arrest you for DUI?
You’re confused about why you were arrested for DUI, and now you’re wondering what to expect when you go to court. Should you hire a DUI attorney? Can you fight your DUI charges?
What is your criminal history?
We cannot give you an accurate predication without knowing more about you. Do you have any prior DUI convictions in the past 10 years? In California, the punishment increases with each DUI conviction, and a person’s fourth DUI is generally prosecuted as a felony.
You could be charged with a felony DUI if someone else, such as your passenger or the other driver, was injured in the accident.
Please note that since you were arrested for DUI, the DMV will automatically suspend your driver’s license if you do not contact the DMV within 10 days of the DUI arrest and request a DMV hearing.
In the case of a DUI arrest, your license can be suspended for 4 to 12 months, depending on whether you’re under or above the age of 21, if you have a history of DUIs, and whether you had valid auto insurance, etc.
Does fault matter in a DUI accident?
But what about the fact that you were NOT at fault for the accident? Since there is no question that the other driver was at fault, can’t that help your DUI case somehow?
Unfortunately, with a DUI, fault does not usually matter when it comes to being involved in an accident. In other words, you can still get a DUI even if you were not responsible for the accident. Unfortunately, the fact that you were NOT at fault is irrelevant to your DUI case.
Need an Orange County DUI attorney? Reach out to the Law Offices of Virginia L. Landry, Inc. to arrange a free case evaluation with one of OC’s top DUI defense firms!