DUI Accident Wasn't My Fault

car key next to alcohol

This is something that comes up a lot and people are curious about it. Suppose you had a couple of drinks at dinner, hopped in the car and started to drive home, but got into an accident before you made it to your house? The at-fault driver ran a red light and fortunately, there were cameras at the intersection to prove it. Even though the accident wasn’t your fault, can you be arrested and charged with DUI?

The short answer to this question is yes, you can still be charged with DUI even if the accident was not your fault. You see, it doesn’t matter who was at fault. You can be in a wreck because of a negligent driver, but you can be arrested for DUI because you had alcohol in your system at the time of the crash. Fault in the accident is irrelevant. All that matters is an officer discovered you were under the influence of drugs or alcohol, or both at the time of the accident.


If your blood alcohol concentration (BAC) was .08% or above if you’re 21 or older, or .02% or above if you’re under 21, you can expect to be charged with a DUI. Keep in mind that your case is very fact-sensitive and the outcome depends on several factors, depending on the answers to the following questions:

· What was your BAC?

· Are you 21 or older?

· Do you have any prior DUI convictions in the last 10 years?

· Was your license suspended or revoked?

· Was anybody injured or killed?

· Was there property damage?

· Was there a child in your vehicle?

· Did the officer mistakenly believe you were at fault?

Now you know it is entirely possible to be charged with DUI even if the accident was not your fault. So, if you are charged with DUI, what types of penalties are you facing? Unfortunately, it’s impossible to give you a meaningful answer without you giving us more information. After asking you the above questions, we’ll be in a better position to answer that question.

Please keep in mind that the DMV automatically suspends people’s drivers’ licenses if they don’t contact the DMV and request a DMV hearing within 10 days of their arrest. The license suspensions can range from 4 to 12 months, depending on the driver’s age, if they have prior offenses, and if they were insured, etc.

Looking for an Orange County DUI lawyer? Call the Law Offices of Virginia L. Landry, Inc. to work with a DUI attorney who is Board Certified in DUI defense!

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