Liability Assignment in Drunk Driving Accidents

Many people, including police officers, assume that if suspects appear drunk and they are involved in accidents, they must be guilty of drunk driving accidents. That is not always the case, but because of the intimidation of that assumption of guilt, many defendants do not fight the charge and end up paying a lifetime of penalties.

Proving Liability in Drunk Driving Accidents

Everyone must remember that in this country, a person is considered innocent until proven guilty. Just because someone is charged with drunk driving does not mean they are guilty. As a result, defendants must consult an experienced DUI attorney to assess their case and determine if they can clear them of the charges. There are a number of common defenses that someone charged with drunk driving accidents can use:

• Faulty breathalyzer operation – even when this machine registers a blood alcohol content (BAC) of .08% or higher, that doesn’t mean the machine was operating correctly. If it has not been calibrated according to the manufacturer’s instructions, the tests cannot be considered reliable.

• Faulty breathalyzer test administration – many police offers do not know how to administer this test according to the manufacturer’s specifications, in which case, the test cannot be considered reliable.

• Not Guilty Verdict – In approximately half of all drunk driving charges that go to a jury trial, the defendant is found not guilty. A jury has to render a 100% guilty vote. If even one juror is not convinced of the guilt of the accused, they cannot find them guilty.

• Ineffective accusation – in many cases, the arresting officer did not obtain complete and correct evidence at the scene of the evidence. If any of their police report can be proven false, or if they did not follow procedure in any aspect of the arrest, they case may be thrown out of court.

• Comparative negligence – in most states, if the plaintiff is found in any way liable for the accident, the defendant may not be responsible for any compensation, or they may only be liable for half of the total compensation for the accident.

• Not guilty DUI charge – if the defendant cannot be proven guilty of DUI charges, there may not be enough evidence of fault for the accident.

• Unreliable witnesses – there are few witnesses that can present consistent testimony in a courtroom, especially if other witnesses have a different story. Impeaching the testimony of even one witness may result in a not guilty verdict.

Getting Legal Help with Drunk Driving Accident Charges

In decades past when the charge for DUI was not as costly as it is today and even medical compensation was not so financially devastating, it was common for the accused to plead guilty and avoid a trial. Today, however when the stakes are higher, it is more important to fight a DUI charge, especially when it is claimed to be the cause of an accident. Yet it can be difficult to fight these charges without a DUI attorney who has experience and knowledge of the weaknesses commonly found in DUI cases and can mount an effective defense.