Tuesday, March 22, 2016

What are the consequences of a DUI with 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 and this is where Hartford, CT drunk driving accident lawyers step into the picture. Apart from criminal charges, 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 then deliberate on the charges that can be brought against the drunk driver.

When Lori Grimes (Sarah Wayne Callies - The Walking Dead) got into a crash in season 2 for thinking she was capable of handling a weapon and finding her husband, she may have well been drunk. That was how foolish that line of thinking was. The car was wrecked and she broke a “walker” in half but since the walker was not alive and the since the legal system was nonexistent she does not need to worry about a lawsuit.

If you hit someone walking across the street while you are a drunk, it will not be a walker but a real person and you will have to think about being sued. The point is, do not drive drunk and do not drive when you have no idea where you are going and have no business trying to do something that is out of your hands. You do not want to have to need a Hartford, CT drunk driving accident lawyer.

Penalties

In most states DUIs 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.

In many states the jury adheres to a score sheet while imposing penalties. For example if you have committed a DUI offense that caused bodily injury then you will get 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 DUIs that Result in Serious Bodily Harm

Connecticut drunk driving accident attorneys say that in some states police can draw your blood forcibly even if you refuse to submit or if you are unconscious due to the accident. This is allowed if the officers believe that the crash was caused due to your impairment. The defense teams are not allowed to throw the evidence out as inadmissible. Sometimes the blood sample is the foundation of the DUI conviction and without this evidence prosecution is untenable.

However there are certain tactics that many seasoned Hartford CT drunk driving accident lawyers use to sow seeds of doubt in the minds of the jury with regard to the sample. Often prosecutors force the hospital to release the serum collected from the driver. The law enforcement labs use whole blood to judge BAC level and often tests done with serum does not produce the correct 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 both to establish the correct BAC and to ascertain without doubt that it was actually your blood that is being used.


Motion to Suppress Blood Test

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

A suppression motion is often initiated when the defense believes that blood was not withdrawn properly, and that proper testing regulation, sample analysis rules, and calibration techniques were not applied in accordance with state laws.

Dealing with Police Interrogation

The police may try to interrogate you at the scene or on the way to the hospital. Anything you say can be used against you and this is why you must ask for a legal professional and answer questions only in his/her presence.

If you are involved in a DUI accident it would be prudent to consult a drunk driving accident lawyer in Connecticut as soon as possible. A legal representative’s help will prove most invaluable during any interrogation and most importantly you have a fair chance of escaping severe penalties by agreeing to lesser charges or having them dismissed outright under the guidance of your legal counselor. This is for criminal, but for civil, you may still have some answered to do. Nonetheless, your legal counselor will be there for that too.

If this website (Drunk-Driving-Accident.USAttorneys) does not work, you may have much larger problems to worry about, look outside and if you see someone who looks odd and who is walking strangely, that could be a walker!


Back to reality! If you need legal help, click on one of the links above to improve your chances and to give you a chance at all. Contact us if you want to as well. We will get back to you perhaps that same day. We will be happy to assist you. 

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