Many drivers are arrested and charged with driving under the influence of alcohol or drugs (DUI) because they were involved in an accident. And you should know that an accident complicates any DUI case.
If you have been arrested for a DUI that resulted in a collision in the greater Albuquerque area, get strong defense from Simon A. Kubiak, Attorneys at Law, PC.
What You Need to Know about a DUI-Related Accident
For any DUI arrest to be considered Constitutional, a law enforcement officer has to have reasonable cause to stop you and reasonable suspicion of drunk driving. An accident fulfills only the first condition—reasonable cause.
In order to have reasonable suspicion of DUI, a law enforcement officer must observe:
- The driver and/or vehicle smell of alcohol
- The driver has bloodshot or glassy eyes
- The driver’s speech is slurred
Without these signs of possible impairment, there should be no vehicle search, field sobriety test or chemical testing.
If DUI contributed to an accident involving someone else, whether the accident resulted in property damage only or caused bodily harm, you may face a personal injury lawsuit. Personal injury cases are handled by the civil courts and are separate from all criminal justice proceedings.
How an Accident Affects DUI Charges
If you are arrested for DUI after an accident, potential charges increase to an aggravated DUI. That means if you are convicted, in addition to fines and other associated fees, you must spend at least 48 consecutive hours in jail.
Comprehensive DUI Defense
A DUI-related accident ramps up possible charges, penalties and likelihood of civil litigation. It’s no time to rely on a public defender who only knows you as a case number, not a person.
Simon A. Kubiak, Attorneys at Law, PC understands that the stakes are high after a DUI accident. Our team provides the personal attention—including 24/7 cell phone access—and possesses unrivaled expertise in DUI defense to set your mind at ease. We can also represent you in a personal injury suit or work with your civil defense attorney to ensure that comprehensive DUI defense.
Call us to schedule a free initial consultation.