We regularly get calls from people who were involved in an accident that wasn’t their fault, but ended up being charged with driving under the influence. If this happened to you, you’re probably feeling a bit frustrated and confused about now – a perfectly normal reaction!
Often, the at-fault driver ran a red light and hit our client, or our client was rear-ended.
Obviously, in both of these situations the other driver was at-fault, but still, when the police showed up to the scene, our clients gave them some indication that they were under the influence of drugs or alcohol or both, and they were slapped with a DUI charge.
If this happened to you, what's next?
What should I expect if I go to court?
Unfortunately, we cannot give a detailed answer without knowing the details of your case, but we can give you a general idea of what will happen. If you come to our office for a free consultation, we will want to know:
- Are you 21 or older?
- Was anyone injured or killed in the accident?
- Do you have any prior wet reckless or DUI convictions in the past 10 years?
Have you had any previous DUIs in the last 10 years? If so, please be aware that the penalties increase for each subsequent DUI offense, and in California, fourth DUIs are punishable as felonies.
Additionally, you could be facing felony DUI charges if someone else was injured in the car accident.
If you were just arrested for DUI, know that the DMV will automatically suspend your driver’s license if you fail to contact the DMV and request a DMV hearing within 10 days of the arrest.
License suspensions range from 4 months to 1 year depending on a variety of factors, such as your criminal history, your age, and whether you had valid insurance.
If you were arrested for DUI after an accident that was not your fault, you need a good DUI attorney to defend you. With DUI, it doesn’t matter who was at fault for the accident, you can still get charged with DUI, though most DUIs do not involve accidents.
Facing DUI charges after an accident? Contact the Law Offices of Virginia L. Landry, Inc. to work with one of the top DUI defense firms in Orange County!