DUI Law in Huntsville AL: An Accident can Change Everything

by | Sep 17, 2014 | Real Estate Law

It is against the law to drive with a BAC of .08% or more, in every state. The penalty for DUI increases substantially if you cause an accident while driving. If someone is hurt, the penalties become even more severe. Consequences for DUI-related injuries depend on your location, because state laws vary widely. In this article, you’ll learn about DUI Law in Huntsville AL.

Proving an Accident May be More Difficult

In some areas, it is harder for the authorities to charge you with an enhanced DUI charge after you cause an accident. For a low level DUI, an officer can arrest you if you merely appear to be under the influence. However, to charge you with the accident, the officer may have to prove that your BAC was above the legal limit, which requires a blood or breath test. In some states, police must prove intoxication, and that your intoxication was to blame for the accident.

 

Previous Offenses May Count Against You

With DUI crimes, penalties are less severe for first-time offenders. In some cases, having a prior DUI conviction may increase the penalty for accidents caused while intoxicated -; even if the previous case did not involve injury or an accident. Your DUI lawyer can tell you whether your prior history will affect your current case.

Penalties for DUI

In most states, causing serious injury while intoxicated is a felony. In others, DUIs involving accidents can be classed as a felony or a misdemeanor, depending on your prior record. Most states sentence DUI offenders who cause injuries to jail, with sentences ranging from a few days to a few years. Fines are inevitable, and you will likely be required to attend DUI classes while losing your license for up to a year or more.

Injury Victims’ Rights

Every state can require you to pay restitution if you cause injury to someone during a DUI. Victims and family members can attend your court hearings, and can speak during the sentencing phase.

Hiring a Criminal Attorney

DUI Law in Huntsville AL is complex, and car accidents are very complex, and vary by state. Every case’s facts are different, and you should not go to court alone. For specific information and detailed legal advice, call Business Name as soon as possible.

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