When you are in a wreck, the accident will usually be declared the fault of one party. For example, if the person in front of you stops suddenly and you slam into their fender, you will likely be considered at fault for the wreck as you should have ample space and time to stop without crashing into the vehicle you are following. If this scenario happens and you have been drinking, when the cops show up on the scene, they will likely want you to undergo a breathalyzer test. This test will help the cops determine what your Blood Alcohol Content (BAC) levels were at the time of the wreck. If you blow over the legal BAC, which is .08 percent, you will be considered to have been driving under the influence of intoxicants. DUIIs, also commonly referred to as DUIs, can lead to harsher consequences than normal if you are also found at fault for a wreck while intoxicated.
If you get into a wreck and you are over the legal limit, it could result in an aggravated DUI charge. Aggravated DUIs carry harsher penalties than a normal DUI. Getting into a wreck after drinking is not the only situation that can result in an aggravated DUI. The following are also factors that will be taken into consideration:
The presence of minors in the vehicle
Driving with a suspended or revoked license
Prior DUI offenses on your record
If you wind up in a wreck where you are at fault and you have been drinking, it is critical that you choose a DUI attorney to fight for you in the court of law. Not only will your DUI penalties be potentially harsher, you can also be sued and held liable for injuries that occurred to the other parties involved in the accident.
What if you were at fault but you don’t blow over the legal limit? Although, normally if you are under .08 BAC levels you would be fine, the moment you get into a wreck, any alcohol you consumed will be used against you. If the other person was 100 percent sober and you had any alcohol in your system, you will be considered the reckless party.