Challenging a DUI with Property Damage in DeKalb County
If you have been charged with DUI after being involved in an accident, it is imperative that you get in touch with one of our legal advocates at Hawkins Spizman. Our attorneys can help with challenging a DUI with property damage in DeKalb County by taking charge of your case and taking the steps necessary to collect evidence that would prove to be valuable in your favor.
How Does a Crash Investigation Transition to a DUI Criminal Investigation?
Anytime there is an accident, whether it be a single car, with another vehicle, or even with property like a mailbox, structure, guardrail, or brick wall, the police will likely come to the scene and investigate the cause of the accident.
When police initiate a conversation with the driver, and there is evidence of impairment, then they will try to determine if alcohol or drugs played a role in that auto accident. Once law enforcement has the suspicions of the possibility of a DUI, they may try to pursue charges against the individual in question.
What Tests are Conducted to Determine if a Driver Involved in an Accident is Impaired by Alcohol or Drugs?
Police are trained to administer Field Sobriety Tests do to detect the presence of alcohol or drugs. Several of these tests involve balance, such as the One Leg Stand and 9-Step Walk & Turn test. If the officer administers a field sobriety test to someone who has been in an auto accident, they must limit them to things that do not involve physical dexterity. The horizontal gaze nystagmus (HGN) eye test, is a good example. Alcohol can cause an involuntary jerking of the eyes that can be seen when a stimulus is moved horizontally in front of the eyes. Outside of that, they do not have too many tactics that can assist them in determining if an individual is impaired or not because there is always an element of injury after an accident.
What Does It Mean for Statements Made During a Crash Investigation to be Protected?
Statements made during a crash investigation are not protected unless the person is under arrest and read their rights to remain silent. Anything they say prior to arrest can be used against them. The police officer investigating the accident will question those involved, and any statements made prior to arrest can be used in court.
Individuals who are faced with an investigation after a car accident should be thoughtful about the things that they say to a police officer and the things that they do since it could be held against them in a court of law.
How Could an Attorney Help?
DUI accidents are often the most difficult to litigate. Considering the vast amount of expenses and injuries a person could suffer in a DUI-related accident, the law will not take these cases lightly. As a result, anyone charged with DUI involved in an accident could face serious repercussions following a conviction, such as time in jail the loss of driving privileges.
For help with challenging a DUI with property damage in DeKalb County, schedule a consultation with a skilled attorney at Hawkins Spizman today.