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Can I be charged with DUI if I was in an accident but not at fault?

a year ago
106

Yes, it is possible to be charged with DUI (Driving Under the Influence) even if you were not at fault in an accident. In many jurisdictions, being involved in an accident while under the influence of alcohol or drugs can lead to DUI charges, regardless of who caused the accident.


The reason for this is that DUI laws focus on the impaired driver's actions and level of intoxication, rather than assigning blame for the accident. Even if another driver was responsible for causing the accident, if you are found to be driving under the influence, you can still be charged.


For example, let's say you were driving home after having a few drinks at a party. Suddenly, another driver runs a red light and crashes into your car. The police arrive at the scene, and upon conducting a breathalyzer test, they find that your blood alcohol concentration (BAC) exceeds the legal limit. In this scenario, you can still be charged with DUI, even though you were not at fault for the accident.


It's important to note that the specific laws and legal procedures regarding DUI charges can vary by jurisdiction. Some jurisdictions may have different legal standards or regulations that determine whether a DUI charge can be applied in a situation where the driver was not at fault in an accident.


References:


  1. FindLaw - DUI Accidents: When a Drunk Driver Harms or Kills Another
  2. Avvo - What happens if you get a DUI in an accident that wasn't your fault?

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