What Happens In An Auto Accident Involving DUI And/or Bodily Injury With Minors?

When Police Are Called To The Scene Of An Accident, What Are They Looking For And What Might They Find That Would Place Suspicion On Someone For A Possible DUI Investigation?

When the police arrive at an accident scene, their first objective is to determine whether any injuries have occurred. Next, they will seek to Interview both motorists, if it is a two car accident, and in the course of that interview, if they suspect intoxication or other impairment, that will initiate a DUI investigation.

What Are The Typical Steps That Are Taken Once Police Arrive? If Someone Is Suspected Of DWI, Are They Immediately Arrested?

As indicated previously, the police will arrive at a scene and determine if there are any injuries and any people in need of any medical assistance. They will then interview the drivers of the vehicles as well as any witnesses to determine what in fact occurred.

Someone is not suspected of DUI immediately, but in the course of being interviewed by the police or if the police receive any other information such as a statement from a witness that so and so appears to be intoxicated, the police will immediately initiate DUI investigation.

If the person suspected is capable, they will be asked to perform field sobriety tests and to blow into a hand held Alco-Sensor device (a handheld breath alcohol tester) determining whether there is any alcohol in their system. If those tests are positive, it will result in a DWI arrest.

When Alcohol And Other Drugs Are Suspected To Be Involved In An Accident, Do Officers Still Conduct Roadside Tests Or Is It A “straight to jail” Situation?

If alcohol is suspected, the police will initiate field sobriety tests done at the scene of the accident and any other tests they deem appropriate to determine whether alcohol consumption is involved or any other drugs.

What Are The Requirements Around BAC Testing In New York Regarding All Parties Involved In An Accident, When The Accident Resulted In Serious Injury Or Death?

The law permits a police officer or District Attorney to make application to specific courts for an order to compel a person to submit to a chemical test to determine the alcohol or drug content of their blood upon a finding of reasonable cause to believe that:

1. such person is the operator of a motor vehicle and in the course of such operation, a person was killed or suffered serious injury,
2. such person operated the vehicle in violation of the DWI laws or
3. the breath test administered by a police officer at the scene indicates that such operator has consumed alcohol,
4. such person has been placed under arrest and
5. the operator has refused to submit to a chemical test.

Are Blood Draws Automatically Required In These Cases? Do Police Need A Warrant Should Someone Refuse?

If a chemical test order has been granted, the operator must submit to a blood test in accordance with the requirements of the law.

If A Person Is Charged With DUI And Caused Bodily Injuries As A Result Of An Accident, Will They Automatically Be Charged With An Aggravated DWI?

No, they will not automatically be charged with an aggravated DUI but they may very well face additional charges such as vehicular manslaughter or vehicular assault.

What Is A Wrongful Death Lawsuit As It Pertains To An Alcohol Related Driving Accident?

A wrongful death lawsuit is a civil lawsuit, not criminal. It is a suit brought on by a person who is permitted to do so on behalf of a deceased family member for the wrongful death caused by an individual.

The fact that an individual was intoxicated at the time makes the wrongful death lawsuit that much more easy to prove. But remember, in a wrongful death lawsuit, the objective is to obtain money damages and not the conviction of a crime and possible incarceration.

If Convicted Of Harming Or Killing Someone As A Result Of Drinking And Driving, Is It Ever Ok For The Person To Contact The Victim Or Victim’s Family Ahead Of Their Court Date To Offer An Apology?

Attorney Michael Kramer says that it is never appropriate to have such contact. The fact that an apology has been offered does not mitigate in any way the guilt or innocence of an individual and may in fact result in further incriminating evidence of guilt.

Whether an apology has been offered or the nature of that apology may in fact be relevant to the sentencing phase of a criminal prosecution once guilt has been determined.

If you have been involved in an Auto Accident, Factors like Use Of Alcohol, And/Or Bodily Injury Or Minor In Car can complicate the case. Contact the office of Attorney Michael Kramer at (914) 709-7161 for a free initial consultation and get the information and legal representation you’re seeking.