Drunk driving accidents add another element to drunk driving cases because these incidents often lead to additional criminal charges. In some cases, they can also lead to civil claims against you. Criminal and civil cases occur in different courts, so they are independent of each other. This means that you can be found not guilty of the drunk driving related charges, but still be found liable in civil court. The opposite can also happen.
At the scene of the accident, the police officer will likely ask you to take a blood alcohol concentration (BAC) test. The fact that you were in an accident means that the requirement of reasonable suspicion has already been met. This means that you likely can’t call this point into question as part of your defense against the charges.
You should pay attention to what happens when the BAC sample is collected. This, as well as what happens during the chain of custody, might be factors that we can call into question during the defense. Other points might also be possible. Ultimately, the evidence collected in your criminal defense might be able to help you in the civil case, too.
If you are involved in a drunk driving crash, you need to think carefully about what you are going to do. One thing that you have to do is to work on the defense you are going to present against the criminal charges. This is often a priority since these charges are the ones that can land you in jail or prison, as well as having to deal with other penalties.
Source: FindLaw, “Drunk Driving Accidents,” accessed May 04, 2017