Involved in a drunk driving accident? What are the penalties and defenses for serious bodily injury?

If a driver caused serious bodily harm while driving under influence he/she is likely to face harsher penalties. The at-fault driver has much to lose under the circumstances and ought to seek legal counsel as soon as possible. 

New York drunk driving accident lawyers, and there is no law firm better in this regard in this city than the Spodek Law Group P.C. (www.spodeklawgroup.com/) since they know which legal avenues to take and when to take them, point out that apart from criminal charges being filed against the defendant, the victim has the right to claim compensation in a drunk driving accident through a personal injury or wrongful death lawsuit.

There are instances when drivers who are responsible for the crash are themselves injured gravely. In such an event prosecutors wait until they receive the results of the blood sample following which they deliberate on the charges that can be brought against the drunk driver.

Now if you want to see a car crash you can just watch 2 Fast 2 Furious with Amaury Nolasco who plays Orange Julius. In the beginning of the movie, in the car race, he damaged his car in the race that Brian O’Conner (Paul Walker) won. Suki (Devon Aoki) ran her car into Orange Julius’s car which enabled her to hop ahead of him. Now this was not a drunk driving crash but it was an illegal car race.

If you are doing something dangerous and illegal you can be charged with a crime. Driving drunk is certainly under this category.

If  you need a New York drunk driving accident lawyer, the best in the land of the Mets and Giants is the Spodek Law Group P.C. They know how to build a solid case and which direction your case should go. Call them today!

Penalties

In most states drunken driving accidents that result in bodily harm are considered a third degree felony. The maximum jail term is 5 years along with 5 years of probation and fines up to $5,000. Additional penalties such as license suspension, installation of ignition locks, and enrollment in an alcohol rehabilitation programs are also part of the punishment, say drunk driving accident attorneys in New York.

In many states the jury adheres to a score sheet while imposing penalties. For example if you have committed a drunk driving offense that caused bodily injury then you will receive level 7 in the score sheet which carries 56 points and if the injury is severe then another 40 points are added to the score. The severity of your penalties depends on the scores you get.

Defending drunk driving that results in serious bodily harm

New York drunk driving accident lawyers explain that in some states police can draw your blood forcibly even if you refuse to submit or if you are unconscious due to the car accident. This is permitted if the officers believe that the auto accident was caused due to your impairment. The defense is not allowed to petition to have the evidence made inadmissible.

However, there are certain drunk driving defense strategies that seasoned lawyers adopt to sow seeds of doubt in the mind of the jury with regard to the blood or urine samples. Often prosecutors force the hospital to release the serum collected from the driver. The law enforcement labs use whole blood to measure the BAC level and often tests done with serum do not produce an accurate BAC level. 

The defense can easily object to the test results which are derived from the serum and seek permission from the court to test the sample at a different lab to establish the correct BAC and to ascertain without doubt that it was actually the defendant’s blood that is being used.

Motion to suppress blood test

Often a motion to suppress is requested when the legal counselor for the defendant believes that there is no probable cause for arrest and seizure of evidence.

If you are involved in a drunk driving accident it would be prudent to consult a drunk driving accident lawyer in New York as soon as possible and that should be from the Spodek Law Group P.C. since they know how to win cases because they know how to attack the opposition’s case and exploit holes that the opposition did not even know they had. A legal professional’s help will prove most valuable during your case and in procuring the best possible outcome for you.