Many individuals who are arrested and charged with driving under the influence of drugs or alcohol were so because they were involved in a car accident. A car accident can complicate any DUI case and lead to aggravated DUI charges. If you were arrested for a DWI that resulted in a collision in the Albuquerque or surrounding areas, retain the defense you need to fight the charges and obtain the best possible outcome. Contact Simon A. Kubiak, Attorneys At Law, PC right away.
Arrests and “Reasonable Suspicion”
For an arrest and DWI charge to be considered constitutional, the arresting officer must have had reasonable cause to stop you and reasonable suspicion to put you in handcuffs and take you to jail. The accident fulfills only the first requirement.
Reasonable suspicion of a DUI can come in many forms and are typically based on an officer’s observations. Some factors that may make the officer reasonably suspicious that you had been drinking prior the crash include the following:
- Your eyes were bloodshot or glassy
- You and/or your vehicle smelled of alcohol
- You had an open container in your vehicle
- Your speech was slurred
If these signs are not present, the officer cannot rightfully arrest you and charge you with a DWI. Moreover, without reasonable suspicion, an officer does not have the right to conduct a field sobriety test or breath or blood assessment.
Criminal Consequences of a DUI Accident
The courts are likely to consider an accident an aggravating factor in a DUI case. What this means for you is that you may face heighted charges and penalties. An aggravated DWI carries a mandatory minimum jail sentence of 48 hours. You will also likely have to pay fines and associated court fees.
Civil Penalties of a DWI Accident
Regardless of whether the courts convict you of a DUI, the injured party or parties have the right to sue you for compensation for their injuries and losses. This lawsuit is separate from the criminal proceedings and may result in more court costs and monetary penalties.
Hire a DUI/DWI Accident Lawyer
If you were involved in an accident and then subsequently arrested and charged with a DWI in New Mexico, you stand a lot to lose. Simon A. Kubiak and team are prepared to defend your position and fight for the best possible outcome. Don’t wait another minute — contact Simon A. Kubiak, Attorneys At Law, PC to schedule your consultation today.