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 lawyers at The Law Offices of Daniel J. Miller.