Question: I was coming home from dinner after having a couple of drinks. I wasn't drunk and I'm pretty sure I was within the legal limit. I got into an accident that was not my fault (or at least I don't think it was!) as I was making a left in an intersection during a yellow light. Another car seemed to have run a red light and we had a head on collision at a low speed. The cars aren't totaled, and there aren't any known injuries so far. The cops got me at a .082 BAC level, and arrested me for a DUI. What type of penalties am I facing for being in an accident while being intoxicated at this level?
Response by Kulathep C: Usually, when you are involved in an accident while under the influence, the blame will naturally be placed on you, even that might have not been the case. Also, you will face enhanced penalties that may increase jail sentencing, fines, license suspension duration, and increased insurance implications.
Considering that BAC accuracy can sometimes be argued, and that it was close to within the legal limit, you may have a strong defense with the assistance of a skilled DUI Attorney. Also, you mentioned the accident was not your fault. You should consult with an attorney immediately as you have about 10 days to do so after you become charged.
Find your state on our DUI State Law section to see some of the consequences you will be facing.
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