If you are involved in a DUI accident and are found to have a blood alcohol content (BAC) level over the state’s legal limit, you can be incarcerated and punished for your actions. The specific punishment you receive will depend on the state where the DUI occurred and whether any other people were injured or killed in the accident. If no one else was injured in the accident, you will be charged and probably released to await trial. If someone else was injured or killed in the accident, you will be held until the trial begins.
If No One Else Is Injured in Your DUI Accident
After the accident, you will be taken to a holding cell to regain your sobriety. You will then likely be released on bail or on your own recognizance, which is essentially an agreement to return for your trial.
A trial date is set and one of the following punishments will be imposed for your drunk driving accident:
- Your license is suspended for a period of time.
- You must take rehabilitation or drug awareness classes.
- A breathalyzer device is installed in your car to ensure that it will not start if your BAC is above the legal limit.
Most punishments for first-time DUI offenders are not severe unless they cause injury or death to another party. Then, the DUI offender will very likely spend a great deal of jail time as punishment.
If Another Party Is Injured or Killed in Your DUI Accident
You will very likely not be eligible for bail if you have injured or killed someone in your DUI accident. You will remain in police custody until your trial date.
During your trial, you will be charged with either criminal negligence or involuntary vehicular manslaughter, depending on how severe the injuries are to the other people involved in your DUI accident. You will also be liable for lawsuits by the injured people and/or their families as compensation for medical bills and emotional damages.
The jail time you receive for a DUI accident that injures and/or kills others will be decided by a jury of your peers and can vary from state to state.
Obtaining Legal Help
The aftermath of a DUI accident can be a very trying and complicated matter. An established and experienced DUI attorney in the state where your DUI accident occurred can determine which state laws apply to your case and can present the strongest possible case to ensure that you receive a fair trial and either prove your innocence or receive appropriate punishment for your DUI accident.
