Drinking and driving is a crime
throughout the US and offenders can be punished to the full extent of the law
depending on the specifics of the case. Drunk drivers are not only a threat to
themselves but also claim the lives of innocent motorists thanks to their lapse
in judgment. These innocent motorists and their cars did not deserve to become smashed up but sometimes life is
just unfair and unlucky.
Someone else made the wrong decision and
society paid the price. But there are legal ways to even the score.
There is no reason anyone has to get
behind the wheel in an intoxicated state and you do not need a drunk driving
accident lawyer to determine this for you. Driving a car requires your full
attention, motor skills, and judgment, all three of which are negatively
impacted by alcohol consumption.
Therefore, offenders are criminally
charged and county prosecutors will carry out a criminal case against them. If
and when convicted, the offender can face severe consequences which include but
are not limited to:
- Fines
- Prison sentences and/or jail terms
- Ignition interlock devices being introduced into their life
- Ankle bracelets
- Mandatory completion of alcohol/drug counseling
- Community service
- Probation
Drunk driving can be classified as a
misdemeanor or a felony, it really depends on the particulars of the case. First
let us consider a misdemeanor level crime. Assume that a person has had a few
beers and has put themselves behind the wheel, his judgment and motor skills
have been slightly impaired and so he is unable to drive in a straight line and
is not able to maintain his lane. A law enforcement officer observes this and
pulls over the suspect and administers a breathalyzer test which indicates a
BAC of 0.08%. Here have a misdemeanor.
On the other hand, let us assume a
person who has been convicted of DUI twice before, a known alcoholic (that does
not really matter – that could be conjecture though), has been drinking all day
and decides to get into his pickup truck to head home. He is so inebriated that
he does not notice a red light and barrels right into a busy intersection and T-bones
another car resulting in the occupants of that car sustaining serious,
life-threatening injuries.
Law enforcement officers arrive at the
scene and subject the suspect to sobriety testing and find that his BAC is over
twice the maximum legal limit. This is a typical example of a felony
DUI charge and drunk driving accident attorneys will have to work
hard to get this person out of the serious jam they put themselves in.
This is not the like movie Need for
Speed. Before the final race in that movie, Aaron Paul’s character was rammed
into by nutcase employee of Paul’s rival driver Dino Brewster. That psychotic employee
was not drunk, this was intentional and it was attempted murder. He was not
arrested for it, at least they did not show him being arrested in the movie.
Civil lawsuits against drunk drivers
The above mentioned criminal proceedings
will force the perpetrator into being punished, but does not really help the victims
directly in coping with their losses or damages. However, victims have the
right to claim compensation following a DUI accident
through a personal injury or wrongful death lawsuit.
According to drunk driving accident
lawyers, the victims of drunk drivers the law in all states allows them to file
a civil lawsuit against the drunk driver and/or his/her auto insurers in order
to recover the damages that they have sustained (medical, car damage, lost time
at work, and so on). However, it needs to be noted that the criminal proceedings
and the civil lawsuit are two separate and distinct processes and the outcome
of the criminal case does not determine the outcome of the civil case, it can
only be used as supporting evidence.
If you are victim
of a DUI accident you need to you speak with a drunk driving
accident lawyer about your losses and injuries. Your legal representative will
help determine the best strategy you can take to make your personal injury
claim shine the brightest. They will build a case for you that is formidable.
Life can be unfair at times but the
legal world can come to you much quicker because of the incredible power and
capability of the Internet. This site (Drunk-Driving-Accident.USAttorneys) was built out of scratch to enable the legally destitute
to become legally supreme. Click that link and begin to resume your life and
hire a lawyer to help you in your legal matters.
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