Monday, January 11, 2016

What are the Civil and Criminal Consequences of a DUI-related Car Accident?

DUI or driving under influence is also referred in some states as DWI or driving while intoxicated. This is treated as a serious offense that has both civil and criminal legal repercussions.

Criminal Consequences

Phoenix, AZ drunk driving accident attorneys and the best ones are Rudolph and Hammond stress the fact that the primary punishment for DUI is suspension of the driver’s license along with a hefty fine. You might also be asked to attend alcohol or drug counseling for a period of time.

Insurance companies do not like drunk drivers as clients, which is why you may find that your car accident insurance may be cancelled. In addition, you might have to pay double or triple the premium to get an insurance policy.

Your situation could get even worse if your DUI violation caused bodily harm to another driver, passenger, or a pedestrian. In such a situation Central Arizona or Phoenix drunk driving accident attorneys caution that you could face serious jail time if you are convicted of reckless driving, assault, negligent homicide, or driving to endanger.

Remember, the consequences are far more severe if you have multiple DUI records.

What can happen if you do not take the breath analyzer test?

It is never wise to believe that you will be let off the hook if you refuse a breath or blood test. States like Arizona have adopted the implied consent law where if you refuse the test your will automatically lose your license for a period of 3 to 6 months or more.


Moreover the police might yet file a DUI charge. The charge will depend on observations made by the officer following the accident. For instance, if an officer observes abnormalities in speech, manner, and gait then it is likely that you will be charged with DUI and you will need a Phoenix, AZ drunk driving accident lawyer and one of the best in the Phoenix region is Rudolph and Hammond who can be reached on this fantastic website: http://rudolphhammond.com/.

What are the civil consequences of a DUI?

To begin with, as stated above, the DUI charge will lead to cancellation of your driver’s insurance policy. It might also result in a steep hike in insurance rates if a provider is willing to offer insurance cover since you will be considered high risk.

Remember, if you have injured another driver or a pedestrian while driving drunk you have no chance of winning a civil case. Your car insurance policy will have to settle the claim made by the injured person and unfortunately the insurance company will have to pay much more only because you were driving the vehicle in an inebriated state. In such a situation, make sure to consult an experienced Arizona drunk driving accident attorney to help negotiate a compromise with the victim.

However if you have injured someone seriously then you are in deeper financial trouble if you find your insurance coverage is not enough to pay for the extensive damages. For instance if you have a coverage of $100,000 but the victim claims as much as $500,000, then everything will rest on the skills of your Central Arizona or Phoenix drunk driving accident lawyer who might be able to bring the amount down to a reasonable limit.

If they fail to do so then you might be asked to attach some of your assets to pay for the damages. If you refuse then the victim might take you to court. This is when your life can become more unpleasant since the judge will have the power to grant damages and this might be much more than the pre-trial settlement amount. You chose to gamble and it blew up on you. This is not enviable situation to be in and every situation is different. If you have the law firm Rudolph and Hammond on your side though, you can bet that you are receiving the best advice any legal professional can give you. 

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