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The legal blood alcohol level in most states is currently 0.08%. However, in some states, like Utah, the limit is as low as 0.05%. When people hear about a DUI (driving under the influence) accident, they assume that the outcome is straightforward since the intoxicated driver is at fault.
In reality, these cases are hardly that simple. DUI cases come with various legal hurdles. To protect your rights, it is better to schedule a free consultation with experienced attorneys who can guide you through the legal process. So what makes DUI accident cases hard to win? Keep reading to find out.
Proving Impairment Is More Complicated
In criminal DUI cases, the burden of proof falls on the prosecution. They must prove that the driver was impaired beyond a reasonable doubt. This is easy if the driver failed their sobriety test or breathalyzer, or was swerving in traffic.
However, breathalyzers can be inaccurate. The results can be influenced or affected by other factors, such as acidity levels, medical conditions, the contents of a person's breath, and many other variables.
Additionally, field sobriety cases are often subjective. The defense may use these aspects to argue against the evidence presented by the prosecution, especially if the police did not follow the correct arrest procedures.
Evidence Can be Inadmissible
Blood tests, video footage, and eyewitness accounts may not always be reliable or usable in court. If law enforcement mishandled a blood sample or failed to advise the individual of their rights, the evidence could be easily thrown out in court or deemed inadmissible. This will significantly weaken the case.
Civil Cases Complicate DUI Accident Cases
In personal injury claims filed after a DUI accident, even if someone was driving under the influence, they are not automatically considered 100% at fault. For example, if the sober driver ran a red light and the drunk driver could not stop in time because they were intoxicated. In such cases, both parties share some degree of blame.
For states that follow comparative negligence rules, your compensation will be reduced according to your degree of fault. But, for contributory negligence, you may have to forfeit your claim altogether.
Insurance Companies Tactics
Even if the fault is apparent, insurance companies will always look for ways to reduce what they are supposed to pay. They may argue that the injuries are less severe than what a victim claims or that you are partly responsible. If the drunk driver's insurance policy has coverage limits, you may struggle to get a fair amount without taking the proper legal action.
How to Prepare for a DUI Case
To ensure you get fair compensation, you must stay ahead of the game. You can do this by:
Hiring an Attorney
Don't make the mistake of walking this walk alone. Whether you are defending yourself against a DUI charge or pursuing compensation from an impaired driver, having a skilled attorney is crucial. If you are accused, a criminal defense attorney can challenge the evidence to get the charges reduced or dropped.
For victims, a personal injury lawyer will handle negotiations with insurers to help you build a strong case for the damages.
Act Quickly
Time is of the essence in DUI accident cases. Start by gathering the right evidence. This can include:
Dashcam footage
Eyewitness statements
Detailed medical record
Police reports
Know the Laws
Since each state handles DUI cases differently, it's essential to understand if your state has zero-tolerance policies or if there is room for negotiations. Also, be prepared for intense public scrutiny.
Conclusion
DUI cases can be messy and complex. Winning requires intense preparation and the right legal guidance. It is best to get professional help early in the case, as your future depends on it.