A Closer Look at DUI Collision Cases

Alcohol is a factor in about a third of the fatal car crashes in Virginia. These wrecks usually spawn civil personal injury cases that compensate victims for their economic and noneconomic losses. These wrecks usually also spawn criminal cases that punish drivers for their misconduct. Criminal cases are more common. Civil cases are essentially optional, mostly depending on the victim’s preference, but most jurisdictions have mandatory DUI arrest policies.

The consequences of a civil judgment are harsh, and the consequences of a criminal DUI collision case are even harsher. A Leesburg criminal defense lawyer works hard to reduce or eliminate these consequences. Most criminal cases have procedural, substantive, and/or affirmative defenses. An attorney identifies these defenses during case evaluations, develops them during the pretrial process, and leverages them at trial or during plea negotiations.

What Is a DUI Collision in Virginia?

If a driver operates a vehicle while impaired by alcohol or drugs and causes an accident, that driver could be charged with enhanced DUI. In Virginia, drivers are legally impaired if their blood alcohol concentration (BAC) is 0.08 or higher. However, drivers can still be charged with DUI with a lower BAC or if they refuse chemical tests, if impairment is evident.

Many defendants are injured in DUI collisions and transported to hospitals. Medical staffers usually take blood samples. This sample could be used as evidence in criminal court.

Local law enforcement agencies, such as the Virginia State Police or city police departments, typically respond to collision calls and investigate possible DUI charges. Officers usually collect evidence at the scene. This evidence could include field sobriety test results and/or Breathalyzer test results. A Leesburg criminal defense lawyer can challenge this evidence in court later.

Common Charges in DUI Accident Cases

When a DUI leads to a collision in Virginia, the driver may face several criminal charges depending on the severity of the accident. These can include:

• Ordinary DUI (Driving Under the Influence).
• Reckless Driving,
• DUI Causing Injury, and
• Vehicular Manslaughter (if someone dies).

If a DUI crash results in serious bodily injury or death, the case is a felony instead of a misdemeanor, even if the driver has no prior DUIs or other criminal record. Felony DUI charges significantly harsher penalties than misdemeanors.

Penalties for DUI Collision Cases

Penalties for DUI-related accidents in Virginia depend on factors such as injuries, property damage, prior convictions, and BAC level. Common penalties include:

• Fines ranging from $250 to several thousand dollars,
• Drivers’ license suspension or revocation,
• Mandatory alcohol education programs,
• Ignition Interlock Device installation and monitoring requirement, and
• Jail or prison time.

For example, a first-time DUI without injury is typically a misdemeanor. However, if a DUI accident causes serious injury, the state could enhance charges all the way up to a Class 6 felony, which can lead to up to five years in prison.

Some jail or prison time is almost inevitable in DUI collision cases, even if the defendant gets probation. Felony DUI includes a mandatory minimum incarceration term in Virginia.

Possible Defenses

We mentioned the three kinds of defenses in criminal cases above. If a defense is strong enough to create a reasonable doubt as to the evidence, the defendant is not guilty as a matter of law.

Procedural defenses in DUI cases usually include illegal blood tests and illegal interrogations. Substantively, prosecutors are often hard-pressed to prove the “driving” element of a DUI in collision cases, unless a competent witness saw the defendant behind the wheel. Affirmative defenses, though rare in DUIs, could include police officer entrapment and third-party coercion.

Connect With a Thorough Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.

Source:

nhtsa.gov/risky-driving/drunk-driving