Being involved in a car accident is scary enough, but being in a crash after drinking alcohol can be a lot more devastating for reasons we’re going to explain. If you were in a car accident and later charged with driving under the influence, you may be wondering, “Can I be charged with DUI if I wasn’t at-fault?” or “Can I be sued by the other driver?” These are both perfectly valid questions and they come up regularly.
Since DUI accidents happen all the time, we wanted to answer some frequently asked questions about DUI crashes. If you have additional questions, don’t hesitate to contact our DUI defense firm directly.
1. Can I be charged with DUI if it wasn’t my fault?
Suppose you were driving through a green light and a driver blows through
a red light and strikes the side of your car, T-boning you. Clearly, the
other driver was at-fault for the accident but when the officers arrive
on the scene, they smell alcohol on your breath and end up arresting YOU
for driving under the influence. Is this legal? Yes, it is. If the officers
arrive at the scene of a crash and observe that one of the drivers is
under the influence of drugs or alcohol, the driver can be arrested for
DUI, even if they are not at-fault.
2. Is a DUI accident an automatic felony?
Just because a drunk driver causes a crash, it does not mean that he or
she will face felony DUI charges. If the accident caused property damage
only, or minor injuries, it will most likely be charged as a misdemeanor
offense. However, if someone was seriously injured or killed, the drunk
driver would likely be charged with
felony DUI.
3. Can I be sued in civil court if I’m facing criminal charges?
Let’s say you are found guilty of felony DUI because you killed
a pedestrian as a result of drunk driving. In that case, the deceased
pedestrian’s surviving family members are entitled to file a wrongful
death lawsuit against you in civil court. In drunk or drugged driving
accidents involving property damage, bodily injuries or death, the victims
of the crash can sue the drunk or drugged driver in civil court. In other
words, there can be a criminal case and a civil case filed simultaneously
against the drunk driver.
We sincerely hope this post answers your questions. If you are facing DUI charges after being in a DUI accident in Orange County, contact the Law Offices of Virginia L. Landry, Inc. to schedule a free consultation with a Board-Certified DUI defense attorney.