Legal Minute- DUI With Accident
By Daniel Miller
DUIs involving accidents may carry harsher penalties than standard DUIs. Under Virginia state law, crashes involving DUIs create what’s called an “egregious event.” This means that if a court finds you guilty of this offense, you may face a possibility of active jail time. However, DUIs involving accidents can also be a double-edged sword, in that they create defenses that would not be usable in standard DUI cases. An officer must be able to establish the time of the accident in a DUI arrest, which is important given that under state law, an officer must also make an arrest for DUI within 3 hours of vehicle operation. Timing is one of the two major defenses you may be able to use to fight a DUI with accident charge. The other major defense relates to the fact that it is up to the commonwealth to establish that you did not consume alcohol post-accident. Otherwise, a lack of evidence can be used as a total defense for your DUI charge. As always, the right attorney makes all the difference in these cases. If you are involved in a DUI or need legal defense for any other reason, please contact our skilled Virginia Beach defense lawyers at The Law Offices of Daniel J. Miller.