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Leaving the Scene of an Accident to Avoid a DUI: Legal Consequences & Defense Options

dui car accident

A DUI accident is already a serious offense, but leaving the scene of an accident to avoid a DUI can lead to even harsher penalties. Many drivers panic after an accident, especially if they have been drinking, and make the mistake of fleeing to avoid DUI charges. However, leaving the scene can result in additional criminal charges, including hit-and-run, which may carry severe legal consequences.

If you’re facing charges related to a DUI car accident, it’s crucial to understand your legal rights and options. Consulting an experienced DUI accident lawyer can help you build a defense and potentially reduce or dismiss charges.

Why Do People Leave the Scene of a DUI Accident?

There are several reasons why a driver might flee after a DUI accident:

  1. Fear of DUI Charges: Drivers may try to avoid a DUI arrest and the penalties that come with it.
  2. Panic and Shock: The stress of an accident can lead to poor decision-making.
  3. Lack of Awareness: Some drivers may not realize they were involved in an accident, especially in minor collisions.
  4. Concerns About Insurance Coverage: Drivers may worry about whether their insurance will cover a DUI accident and flee in hopes of avoiding financial responsibility.

However, leaving the scene of an accident is a crime in itself, often more serious than the original DUI charge.

Legal Consequences of Leaving the Scene of a DUI Accident

A DUI accident already comes with significant penalties, but fleeing the scene escalates the situation. Here’s what you could face:

1. DUI with Accident (No Injury)

  • Fines up to $1,000
  • License suspension
  • Potential jail time
  • Increased insurance premiums

2. DUI Car Accident with Injury

  • Felony charges
  • Longer license suspension or revocation
  • Mandatory alcohol treatment programs
  • Restitution payments to the injured party

3. Hit-and-Run After a DUI Accident

  • Additional misdemeanor or felony charges
  • Increased fines and jail time
  • Permanent criminal record

If you’re charged with both DUI and leaving the scene, you could face multiple convictions and harsher penalties. Consulting a DUI accident attorney immediately is crucial to minimizing the damage.

Will My Insurance Cover My DUI Accident?

One of the biggest concerns for drivers involved in a DUI car accident is whether insurance will cover the damages.

  • Will Insurance Cover a DUI Accident?
    • Most insurance policies provide coverage for damages caused in a DUI accident. However, insurers may raise your premiums significantly or even cancel your policy after a claim.
  • What If I Left the Scene?
    • If you leave the scene of an accident to avoid a DUI, your insurer may deny your claim entirely, especially if criminal charges result.

How a DUI Accident Lawyer Can Help

An experienced DUI accident lawyer or DUI accident law firm can help you by:

  1. Challenging the Evidence:
    • Questioning the validity of field sobriety tests and breathalyzer results.
  2. Building a Strong Defense:
    • Arguing that you were not impaired or did not intentionally leave the scene.
  3. Negotiating a Lesser Charge:
    • Working to reduce the DUI charge to reckless driving or another lesser offense.
  4. Minimizing Penalties:
    • Seeking reduced fines, license reinstatement, or alternative sentencing.

FAQs About DUI Accidents & Leaving the Scene

  1. What should I do if I was involved in a DUI accident?
    Stay at the scene, call 911, and contact a DUI accident attorney immediately. Leaving the scene can lead to additional charges.
  2. Will my insurance cover my DUI accident?
    Most insurance policies cover DUI car accidents, but expect higher premiums or policy cancellation afterward.
  3. Can I go to jail for leaving the scene of a DUI accident?
    Yes. A hit-and-run DUI accident can result in misdemeanor or felony charges, depending on the severity of the incident.
  4. What happens if it’s my first-time DUI with an accident?
    Penalties may include fines, license suspension, probation, or jail time, even if no one was injured. A lawyer can help reduce the impact.
  5. How can a DUI accident lawyer help my case?
    An attorney can challenge evidence, negotiate a lesser charge, and fight to reduce or dismiss penalties.

Conclusion

A DUI accident is already a serious offense, but leaving the scene of an accident to avoid a DUI makes the situation much worse. The consequences can include felony charges, loss of insurance coverage, and severe legal penalties.

If you are facing DUI accident or hit-and-run charges, don’t wait—contact an experienced DUI accident lawyer from the DWI Team today. Our legal team can help protect your rights and fight for the best possible outcome in your case. Schedule a consultation now.

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Leaving the Scene of an Accident to Avoid a DUI: Legal Consequences & Defense Options