Most people are aware that driving while under the influence (DUI) can carry with it some very severe penalties by itself. What many people do not understand, is that when a DUI charge also includes property damage or personal injuries, the penalties can be doubled, even for first-time offenders.
If your DUI included any type of property damage, even if it was limited to just your own vehicle, then it’s very important to contact us for a free DUI evaluation of your details right away to use for a helpful action to take on what to do that may be used to help your case. Crucial legal technical defenses that work to defeat charges such as when state law DUI blood draw time limit procedure is improperly followed by police, is always time sensitive in a pending court case.
The current statistics show as many as forty-percent of car crashes that involve a fatality are alcohol related. Also, several accidents or crashes that produce personal injury are later proven to be the result of DUI. As a result of these numbers, high-profile accident cases, and heavy lobbying from anti-DUI groups, the 2021 penalties are severe across the country for DUI offenders that include property damage or injury.
A first offense DUI that involves property damage can easily lead to a year in jail and a $2,000 fine instead of six months and $500 – $1,000 fine for the more typical first-time offenders. If your situation involves any damage to any property or injuries, then you need the help of a skilled DUI attorney and what a free evaluation of your arrest provides immediately.
Will car insurance cover costs of property damage from DUI, DWI?
Yes. When a suspected DUI, DWI driver damages another person’s vehicle or property, if the DUI defendant gets convicted of the offense – the DUI offender’s auto insurance company is legally required to pay all of the damaged property repair costs. The DUI offender’s car insurance must also cover the other person’s car damage repair costs, or pay compensation of the current full market value of the vehicle, if totaled. Drivers intoxicated by alcohol, Marijuana, or drugs are at a high accident risk to other drivers, pedestrians, including public and private property anywhere near the road.
The best expert DUI lawyers who fight DUI-related charges most often, know exactly what technical flaws you should look for under the 2021 DUI property damage statute in every state. Just because a defendant gets arrested for DUI, DWI with property damage under the state statute that enforces penalties, does not mean there aren’t valid arrest-specific legal defenses that work to get the charges lowered to a less serious offense or cleared in court completely.
Property damage during a DUI
After reviewing your arrest details, a DUI lawyer can establish several defenses and you can present them in court to help possibly save you from the extreme negativity of the harsh consequences associated with this form of DUI. For instance, you can challenge evidence taken in violation of crash report privilege. Drivers are allowed to report certain things during accident investigation and they are granted immunity in these situations.
Naturally, police and the law in general urge you to speak to the arresting officer and cooperate with an investigation. But when it is you whom are being investigated or arrested, it is usually best to be quiet and give only your drivers license and vehicle information, then to request a lawyer and remain non-speaking until your lawyer arrives. The less you incriminate yourself, the less-hard it will be to successfully defend you.
One of the things the prosecution will be forced to prove in court is that you were actually behind the wheel. Unless there are some witnesses, it becomes more difficult for the state to actually prove that you were driving. A skilled DUI attorney fully understands that roadside agility tests taken just after an accident can usually be excluded from evidence in most instances, and will be able to assist you once he knows the specifics of your details by taking advantage of a free evaluation through our site. Since you were likely still shaken up from the accident itself, your results may not be indicative of intoxication. The same is true for breath test results, especially after an airbag deployment, as experts have repeatedly established the inconsistency of these results.
There are many ways outlining what to do in fighting against both the DUI and the enhanced penalties brought with a DUI property damage case. An attorney after reviewing your arrest details, will give you the best information of legal defenses on your side. Choose a local top DUI attorney with property damage claims experience to handle your case, and let our online free arrest evaluation and legal information it provides, immediately help you today.