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Driving under the influence charges and drunk driving accidents are two different areas of law. One is a criminal law matter while the other involves personal injury claims. However, when they both exist together, they intertwine, and the defendant is often in a big deal of trouble.
Using a DUI to Prove Liability in a Drunk Driving Lawsuit
Individuals who have been drinking and driving and cause a car accident are rarely honest regarding their intoxication level. They may claim that they didn’t drink or that they only had a few and they’re not drunk. However, testing for alcohol at the scene of the accident can help verify a blood alcohol content level, as can a field sobriety test or a blood draw.
One thing to note is that if someone is arrested for a DUI following a crash where you sustain injuries, you may be able to utilize that information in your favor. A DUI can help to show potential causation, which can place liability on the drunk driver for the accident. This can increase the chances of you obtaining the compensation you deserve for any injuries you sustain.
An Accident’s Impact on a DUI Charge
Any kind of DUI charge can be serious and daunting to experience. Unfortunately, when this situation also involves an accident and subsequent injury, it can have a significant impact on the prosecutor’s decision to seek certain penalties. A DUI involving an accident can be met with harsher penalties, including the length of jail time.
Depending on the severity of the injury, the charge can increase from a DUI to something much more serious as well. It can turn jail time into prison time, sometimes lasting years. When these two factors meet, it’s vital for everyone involved to know what legal options are available.
If you are in an accident involving a drunk driver, know that our team has the means and experience to help you. Our Denver car accident attorneys at Springer & Steinberg, P.C. work hard to safeguard your rights throughout the process and champion your ability to pursue compensation.