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Posted by Lavent Law on 10/11/2017

DUI Accidents and Probable Cause

DUI Accidents and Probable Cause

Driving while under the influence (DUI) is a serious offense, and it can often result in stiff penalties for the offender. However, when you’ve been injured in an accident involving a drunk driver, the penalties can become even more severe for the person whose dangerous actions hurt you. 

The driver will likely receive felony charges, probably spend some time in jail or prison if convicted, and could be obligated to pay you monetary damages if you were injured in the accident.

How Does a Police Officer Investigate a Drunk Driving Accident?

  • When a vehicle accident of any kind occurs, the minimum threshold of “reasonable suspicion” is considered to have been met. What this means is that the officer can investigate the accident based on the premise that a crime may have been committed.

  • The officer can detain witnesses, ask questions about possible impairment, and look for signs of impairment such as bloodshot eyes and slurred speech. The officer can also look for plain view items in the vehicle, such as beer cans, that would indicate drinking and driving. 

  • If the officer finds evidence, such as those indicators discussed above, the officer then has “probable cause” to search the vehicle. The officer can now also legally conduct field sobriety tests or blood draws, and he or she has the right to arrest the individual for drunk driving.

Personal Injury Damages

Personal injury claims are not handled in criminal court like DUI charges are. However, if a drunk driver is convicted, this will mean you have a very good chance of getting compensated for all the losses you suffered as a result of a drunk driver’s careless actions.

Call Lavent Law

If a drunk driver has injured you, you have the right to seek damages for your injuries. Contact Lavent Law to discuss your case during a free, no-obligation consultation. Our number is
305-440-0450, or simply visit our website for details

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