DWI Accidents - The Penalties of Being Involved in a DWI Accident

Home Accidents Attorney Auto Insurance Defense Fines Insurance DWI Law Laywer DWI Record Disclaimer

The Repercussions of DWI Accidents

A DWI accident is a vehicular collision which involves at least one of the parties driving while intoxicated at the time the incident occurred. About a third of the population of the United States will be involved in a DWI accident some time during their lifetime. DWI accidents aren’t necessarily limited to alcohol intoxication. It can also include being under the influence of drugs.

DWI accidents are far more costly than a DWI situation not involving an accident. A DWI accident involves more than one party and results in some kind of property damage. Additionally, the chances for personal injury are very likely in a DWI accident. DWI accidents account for roughly 40% of all vehicular accidents in the United States. As well, accidents involving DWI were responsible for the deaths of over 17,000 people. The intoxicated party in the accident can be subject to a civil lawsuit. They can be sued for costs associated with the victim’s medical expenses, injuries, property damage, loss of income of earning potential, pain and suffering, and other punitive damages.

In many states, the minimum blood alcohol concentration level to be considered driving while intoxicated is 0.08 percent. For minors, any amount of alcohol detected is considered legally intoxicated.

In the criminal sense, DWI is considered a misdemeanor. However, if an accident is involved, being convicted of a felony becomes a very real possibility. Vehicular manslaughter is but one of the charges that can be brought should a death result from an accident involving DWI. If a felony is charged, the defendant is subject to fines, incarceration, probation, and mandatory participation in an alcohol treatment program. Outside of criminal and civil penalties, the state’s Department of Motor Vehicles can suspend or revoke the defendant’s driving privileges if convicted.

If involved in a DWI accident, consultation with an attorney is a must. Not just any attorney will do, however. Public defenders are competent when it comes to client representation, but attorneys who specialize in defending DWI cases should be sought. Attorneys who specialize in DWI cases are well-versed in the specific laws and procedures that apply to DWI. For example, many such attorneys take the same classes that law enforcement personnel attend in the proper protocol for a field sobriety test. This experience and expertise is invaluable in defending DWI cases, because the lawyers can find procedural errors when cross-examining the arresting officers. Checking for such inconsistencies is key to a successful defense.

An attorney who specializes in DWI cases can also be invaluable at a Department of Motor Vehicles hearing. If the case is defended successfully, the attorney might be able to get the defendant a shorter revocation or suspension period of the driver’s license. In some cases, an outstanding attorney might even be able to get the charges dropped all together.