Being involved in an accident is always unnerving and scary. It is more so when after an accident you may face aggravated drunk driving charges. Do not face them alone.
If you have been involved in a drunk driving accident, get the tough defense you need from Simon A. Kubiak, Attorneys at Law, PC.
What You Need to Know about a Drunk Driving Accident
There is good reason that we say you should not face the consequences of a drunk driving accident alone. Your DUI defense may rest on the circumstances surrounding your arrest because:
- An accident is not reasonable suspicion for drunk driving
In order for an arrest to be lawful, a police officer must have both reasonable cause for a stop and reasonable suspicion to conduct a drunk driving investigation. An accident provides reasonable cause, but an officer must observe other signs of drunk driving in order for there to be reasonable suspicion.
- An accident increases drunk driving charges
Charges are automatically increased to aggravated charges if drunk driving caused bodily harm to someone else. Aggravated charges increase minimum penalties for DUI.
Other circumstances of a drunk driving accident may also inform available defense strategies, but those options may only be known after a thorough investigation of your arrest records and evidence. And you may need an attorney well-versed in drunk driving laws and regulations to conduct that investigation.
What to Expect after a Drunk Driving Accident
An arrest for drunk driving will start the criminal justice process, so you can expect an arraignment—a hearing where you are either excused of or formally charged with DUI—and other pre-trial conferences and hearings.
In addition to criminal court proceedings for drunk driving, you may also expect:
- Your license to be suspended by New Mexico Motor Vehicle Department (MVD).
You must request a hearing within 10 days of your arrest (even though your Notice of Revocation acts as a temporary driver’s license for 20 days) to avoid automatic revocation.
- A personal injury case to be filed
If there were any victims in the drunk driving accident, they have the right to seek compensation for their injuries through the civil court system. The outcome of a personal injury lawsuit is independent of criminal conviction.
A drunk driving accident has the potential to open cases with three different systems. It’s confusing, and not knowing the ins and outs of any system can put you at greater risk to suffer maximum penalties.
Simon A. Kubiak, Attorneys at Law, PC focuses on drunk driving defense. We have the specialized knowledge and trial expertise it takes to protect your rights and your record.
Call us to schedule a free initial consultation.