Defenses To A DUI-Related Car Accident
Many jurisdictions impose huge fines and jail time for DUI-related car accidents. Additional penalties include a driver's license suspension and a requirement to go for counseling or attend AA meetings. Whichever the case, if you're facing charges for a DUI-related car accident, it's essential that you hire a car accident lawyer. Here are some defenses a lawyer will raise on your behalf.
Inaccurate Field Sobriety Test
It isn't always clear whether the driver who causes an accident is intoxicated. This is the reason a law enforcement officer should ask the defendant to agree to a field sobriety test. These tests check for signs of impairment. The prosecution will use these test results to strengthen their case against you.
However, your attorney can use the test to your advantage. First, your lawyer can challenge whether the officer followed the field sobriety testing manual procedures during the test administration. One mistake many officers make is failing to determine whether the car accident defendant has sustained any injuries before running a sobriety test.
Additionally, before testing a DUI suspect, the police officer must determine whether their speech, movement, and actions are indicative of an intoxicated person. Your attorney can dispute a field sobriety test result based on these claims.
The Driver of the Vehicle
In cases of a hit and run accident, the police officers usually identify the car involved but aren't sure about the identity of the one who was driving it. Thus, it's possible that they may accuse the owner of the car even if they were not driving the car at the time. The car owner may be liable for the accident up to some extent, but not as a DUI driver.
It's upon the prosecution to prove the driver of the car was the owner. This is quite challenging, especially if there were no witnesses to the accident. Your lawyer can use this reasonable doubt in your defense.
Blood Test Results
In some car accidents, there's no chance for the police officers to administer a sobriety test. Their first priority is to rush the defendant to the hospital for treatment. In such situations, a blood test is the only way to determine whether the defendant was drunk driving.
Your car accident attorney can challenge the accuracy of the blood test results. For example, if the doctor or officer performed the test without your consent, the court may nullify the results. Additionally, your lawyer may challenge the time when the doctor or officer performed the blood test. Since it takes time before a person can feel the impact of alcohol, this argument may work in your defense.
