How To Deal With A Drug Test After A Car Accident

If you have been involved in a car accident, police officers will arrive on the scene as soon as possible. If the police officer suspects that you were driving while intoxicated, they automatically assume the accident was due to your intoxication. Not only will you face harsh penalties, but anyone who got injured in the crash will seek compensation. If a police officer detects alcohol intoxication, you may be forced to undergo some testing. There is no law stating that a police officer has to conduct drug or alcohol testing. But if there is a probable cause, he/she may be forced to do so.

Factors That May Trigger Police To Suspect A Dui

Suppose you are facing criminal charges after causing an accident while drunk, you can find San Diego’s best criminal attorney who would be willing to explain how the law will apply in your situation. Sometimes, you may find car accident victims taking legal action within a few days after the accident. Others may take time since their injuries may have taken time to appear. In any case, it would break you nerve to imagine about the legal proceedings that await you. After an accident, police officers must be notified. On the scene, they are keen to look for any indication that may bring out the faulty driver. One of the ways they do this is by determining whether one was driving under the influence. But being under the influence doesn’t automatically indicate you were the driver at fault. The other driver could be speeding or failed to yield. There are many factors the police may look after to suspect a Dui. Common ones include:

• Being keen on how a driver is acting or speaking. With this, they can detect whether the speech is slow or slurred.

• Smell of alcohol

• Watery or bloodshot eyes

• Look for half-drunk alcohol bottles. A single emptied wine bottled may trigger a thorough search as the officers attempt to get more convicting stuff.

In other circumstances, you may not be in a position to drive your car after the accident; such vehicles are legally impounded. When that happens, police officers have a right to search your vehicle. This is referred to as an inventory search. If they get objects indicating that you were intoxicated, you may face harsh penalties.

Types Of Drug Testing To Be Conducted

Suppose the investigations lead a police officer to conclude that you were under the influence of alcohol. In that case, they will have a probable cause to force you to undergo or submit to some tests, leading to an arrest for drunk driving. These tests include:

• Field Sobriety Test: This will test for coordination or balance where the driver is asked to walk in a straight line etc. You may refuse to have the test taken, but there may be legal consequences

• A breathalyzer or BAC testing: If you were lawfully arrested for DUI, you should agree to take a blood or breath test. In California, drivers or pedestrians must submit to a mandatory BAC testing if there was death within 24 hours after the accident.

You may be an employee who was driving for work errands; this means that you must have entered into an agreement for drug testing with your employer in California. It may be tricky to avoid such tests after you have come to an agreement. Though some choose to exercise their legal rights and refuse to submit to such tests, refusing such tests may carry other added legal consequences, especially when an officer had a probable cause. The prosecutor will rely heavily on the result for the tests.

In any case, you will be presumed innocent until proven guilty. If proven guilty, you will be faced with harsh penalties. The fact that you caused an accident while drunk is enough to constitute an aggravating circumstance.

Dui Punishments And Penalties

If it’s proven that you were driving under the influence at the time of the accident, you will face steep legal consequences such as facing a personal injury lawsuit. Where BAC concentration is .08% or more; one may be subjected to the below convictions:

• Jail time: The time you will spend in jail will be determined by any prior 1st, 2nd or 3rd conviction

• Restricted license: With a restricted license, you will be allowed to use an ignition interlock device.

• License suspension: The suspension period depends on the offense. For instance, if you are a first offender, your license will be suspended for 6 months. For 2nd offense, the suspension is two years and three years for the 3rd offense.

You may face a felony charge if the accident led to injuries or death of another person. All in all, having a criminal lawyer work on your case can be the best decision to make. The lawyer can have above charges lessened or even dismissed depending on the legal defenses he/she may deem appropriate to be applied in your case. A car accident involving Dui may need a lawyer opinion because each case is unique and has to be approached differently at trial.