You were involved in a traffic accident. The last thing you are thinking about is hiring a criminal attorney to represent you. Unfortunately, some drivers are charged with driving under the influence, or DUI, or another crime after being in a car accident. You may be one of them.
Police are generally called to the scene of an auto accident for two reasons. The first is that there are injures. The second is that the accident happened on a busy freeway or street and police are needed to stop traffic jams or secondary accidents from occurring.
Once officers are on the scene, they will observe the area and drivers. They will take notes if a driver seems to be intoxicated or under the influence of alcohol and/ or drugs. If an officer establishes probable cause while at the accident scene for a DUI arrest, the driver can be taken into custody.
The driver can be arrested, provided he or she is not seriously injured, and told to undergo a blood or breath test. What happens when a driver is suspected of driving under the influence and is seriously injured? Even if a driver is seriously injured, the police can still administer a DUI blood test.
The blood or breath test results may lead to criminal charges for either the standard DUI charge or something more serious. A more serious offense can result in charges commonly referred to as vehicular manslaughter or DUI causing injury. The reason these charges are more serious than the standard DUI charge is because they are felonies. A felony conviction can result in years in state prison and fines.
What Happens when there are Fatalities or Injuries because of an Auto Accident?
Whenever an individual dies or is seriously injured in auto accident, a police investigation will start. During the police investigation the following happens:
- Investigators review the accident scene.
- Gather evidence.
- Process evidence.
- Document evidence.
- Interview witnesses and all drivers involved.
Law enforcement will reconstruct the accident scene using measurements, skid mark locations, debris patterns and vehicle damage. This allows investigators to determine how the car accident happened. Did you try to stop or swerve to avoid the accident? What rate of speed were you going?
Your breath or blood test results may also be included in the determination of what caused the accident. You may face DUI charges if investigators believe:
- Your blood alcohol concentration, or BAC, level caused the accident.
- Your ability to drive was impaired by drugs or alcohol at the time of the accident.
More charges may be added if it is determined that being intoxicated caused injuries or that you allegedly killed someone.
A police investigation is not full-proof. It may difficult to imagine, but police do make mistakes when investigating a crime scene. Just remember that even an experienced officer may make mistakes while at the accident location. For instance, police may violate your constitutional rights or police protocol when gathering evidence to help build the prosecution's case against you.
The Law Offices of Jonathan Franklin are dedicated to assisting anyone facing DUI charges or more serious charges. Jonathan Franklin uses his knowledge as a former prosecutor as he skillfully and aggressively defends you of these charges. He knows what strategies to pursue. He also knows how to conduct investigation in an effort to uncover police misconduct and uncover errors in the prosecution’s case. To learn more about how Jonathan Franklin will fight your DUI, DUI with injury or vehicular manslaughter charge, contact us to schedule your free consultation.
