Were you recently involved in a car accident that
was not your fault, only to be arrested for driving under the influence? Or,
were you driving under the influence and you caused an accident that involved
property damage, or worse, bodily injuries?
If your answer is yes to either question, I
suggest that you continue reading as I discuss DUI accidents and their
penalties.
For starters, you can be arrested for DUI even though you
were not at-fault for the accident. While it’s up to the insurance companies to
decide who is at fault in an accident, if the other driver ran a red light and
hit you, or rear-ended you, it’s highly likely that they will be found liable
for the accident.
While you may not be found “at fault” for the
accident itself, you can still be found guilty of DUI. This usually occurs when
the police come out to investigate an accident and they observe that one of the
drivers appears to be under the influence of drugs or alcohol, or both.
When You Are Responsible for a DUI
Accident
Were you involved in a DUI accident that was your fault? In
that case, you can be charged with a misdemeanor or a felony depending upon the
facts of the case.
A DUI accident is prosecuted as a misdemeanor under Section
316.193(3) of the Florida Statues when the DUI defendant, while under the
influence, caused an accident involving property damage or bodily injuries.
This offense is a first
degree misdemeanor punishable by not more than $1,000 fine, or 1 year in
jail.
Under Section 316.139(2), a DUI accident is prosecuted as a felony when the DUI defendant caused serious bodily injury to another person
while driving under the influence.
This offense is a third
degree felony, punishable by a fine not to exceed $5,000, or 5 years in
prison, or both.
If someone else is killed in a DUI accident, then the DUI
defendant faces DUI
manslaughter charges, a second degree felony, punishable by up to a $10,000
fine or 15 years in prison, or both.
If you were involved in an alcohol-related accident, reach out to Jonathan
Blecher, P.A. to schedule a free case evaluation with a former prosecutor.