What happens if I am driving drunk and I'm in an accident that is not my fault?
Answer: DUI accidents and issues of fault are complex. If you drive or operate a motor vehicle when your BAC is 0.08% or over, you will be charged with DUI.
Generally a first DUI offense is a misdemeanor is all states. However if you cause an accident while driving intoxicated, you will be charged with aggravated DUI. The penalties for an aggravated DUI are far more severe than an ordinary DUI.
Generally a drunk driver is considered a reckless and negligence driver. Hence if you are drunk and involved in an accident, generally it will be considered as you caused the accident. In such cases, it is important that you defend yourself. A conviction will not only result in severe penalties but will also result in civil liabilities. If anyone has suffered any injuries or property damage in the accident and you are convicted then the injured person can file a lawsuit against you for compensation. The compensation claims in such lawsuits can run into millions of dollars.
A DUI conviction will result in your insurance rates shooting through the roof. If you are involved in an accident while driving drunk, the rise in your insurance rates can be significant.
An experienced DUI attorney can prove that your BAC had nothing to so with the accident. To fight the charges against you the attorney may utilize the services of an expert witness. The expert witness can testify that the accident was not caused by you. As such the charge of an aggravated DUI against you will be reduced to a charge of DUI. If it is your first offense, then you may get away with a fine.