DUI and the Accident Report

Getting pulled over for a DUI can be scary. Getting into an accident while driving under the influence can be downright terrifying. But there are things you can do to protect yourself and your rights if you find yourself in this unfortunate situation.

First, take a deep breath. I know you’re probably panicking right now, but try to stay calm. Making rash decisions or getting aggressive with the officer on the scene won’t help your case. Be polite and cooperative, even if you feel wrongfully accused.

The Traffic Stop

If an officer pulls you over and suspects you of driving drunk, they will likely ask you to perform some field sobriety tests–things like walking in a straight line or standing on one leg. They may also ask you to take a preliminary breath test using a handheld device to estimate your blood alcohol level. You are not required by law to take these tests in most states, but refusing to take them will likely raise the officer’s suspicions. My advice? Politely comply with the tests, even if you don’t think you’ll pass them. The results can only help, not hurt you in court later on.

If the officer determines you are impaired, they will arrest you and transport you to the nearest police station. Here, they will ask you to take an official breathalyzer or blood test to determine your exact blood alcohol concentration (BAC). Again, you have the right to refuse in most states, but doing so will result in automatic license suspension and probable assumption of guilt in court. Your best bet is to consent to the test in order to at least have that number as evidence, even if it’s not in your favor.

The Police Report

After arresting you for DUI, the officer will write up a police report detailing their observations and listing the evidence against you. This report will include things like:

• Your physical appearance and behavior (slurred speech, bloodshot eyes, stumbling, etc.)
• How you performed on the field sobriety tests
• The results of any breathalyzer or blood test
• Your own statements and admissions

While the report itself won’t be used as evidence in court, the officer will likely testify to all these observations. So it gives you a good idea of what kind of case the prosecution will try to build against you.

If There Was an Accident

If you were involved in an accident while driving impaired, the consequences will be much more severe. First, the officer will check for any injuries and call emergency medical services if needed. If anyone was seriously hurt or killed as a result of the crash, you will face additional charges like vehicular assault or vehicular homicide. These carry hefty fines and many years in prison.

The officer will conduct a full investigation and recreate the scene to determine fault. If they believe you were at fault due to intoxication, you will very likely be arrested on the spot and taken for chemical testing. Refusing the tests in an accident situation is not advised, as it will almost guarantee the harshest charges against you.

In addition to jail time, you will face driver’s license suspension, massive insurance rate hikes, and civil lawsuits from any injured parties. The financial consequences can drag on for years after the criminal case is closed.

Getting Legal Help

As you can see, the deck is stacked against you once you’re accused of DUI. Having an experienced DUI defense attorney on your side can help even the odds. Here are some of the ways a lawyer can assist:

• Reviewing the police report for illegal stops, improper procedures, or inaccuracies
• Challenging the validity and accuracy of any breath or blood tests
• Negotiating with the prosecutor for reduced charges or diversion programs
• Presenting evidence and witnesses to fight the charges in court
• Raising doubt about your true level of intoxication

While every case is different, a good DUI lawyer knows how to attack the prosecution’s arguments and highlight any reasonable doubt. This can lead to charges being reduced or dismissed entirely in some instances.

Your Next Steps

If you’ve been arrested for DUI, remain silent and call a defense attorney as soon as possible. Follow their advice about next steps. With their help, you may be able to avoid jail time and limit the damage to your finances and driving record.

While a DUI charge is scary, it doesn’t have to ruin your life. Stay positive, be smart, and let an expert attorney handle the legal complexities. This will give you the best possible chance of coming out OK in the end.

We all make mistakes. What matters most is how we learn from them and resolve to make better choices going forward. Don’t let one bad decision define you forever. Get the help you need, make things right, and move on as a stronger, wiser person.