dui accident lawyer what happens

by Ricky Altenwerth 9 min read

At the time of a DUI arrest, the police officer will take your driver’s license. The officer will leave you with a temporary paper driver’s license that is only valid for 15 days. This is the best time to contact a skilled DUI defense lawyer who will advise you on your legal options.

Full Answer

Who pays for a lawyer after a car accident?

Mar 02, 2019 · Whenever someone gets their first DUI, it does not mean that they get their license taken away. Sometimes, if they find a good lawyer, they only get a fine or are subject to some volunteer hours. Other people do not take other people into consideration. Unfortunately, someone’s selfish decision is at the stake of someone else. Drunk Driving Accident

Is the other driver always at fault in a DUI/DWI case?

When getting a DUI charge, one of several actions will occur. One of the most obvious consequences of this action is receiving a monetary fine. Depending on the severity of the DUI, you could receive a minimal amount of money to pay back. However, this is usually not the case.

Who can file a car accident lawsuit after a DUI/DWI?

Oct 10, 2018 · Here’s What Happens Next. Accidents happen and generally, fall under civil liability, but when a driver under the influence hits you, it becomes a criminal case and must be handled differently. Fault Is a driver under the influence automatically at fault? No, but a DUI is more likely to be found at fault.

Should I hire a lawyer after a DUI/DWI?

Apr 26, 2018 · If you or a loved one was injured in a DUI accident, you could hold that driver accountable for their actions. Schedule a no-obligation consultation with an injury advocate today from Brett McCandlis Brown & Conner, PLLC. Reach our team at 206-489-3231 or request an appointment online by filling out the contact form.

image

How long does it take to file a lawsuit after a car accident?

But in some states the lawsuit can be filed as long as five years after the accident.

What is the name of the person who files a lawsuit?

A lawsuit begins when the injured person files a petition or complaint in court. The person bringing the lawsuit is known as the "Plaintiff.". Once the lawsuit is filed, the person being sued (the "Defendant") must be formally notified of the case.

What happens if you are served with a summons?

If you are served with a summons, it is very important that you take immediate action. You must file the required response document (usually called an "Answer") by the court-imposed deadline. If you are even one day late, the court may enter a default judgment against you, meaning the plaintiff wins the case automatically (at least provisionally).

Is it stressful to be involved in a car accident?

Being involved in a car accident can be incredibly stressful, even after the proverbial dust settles and injuries are properly treated. While most car accident injury claims settle, lawsuits sometimes follow a car crash. Hearing the words, "You've been served" can unnerve even the most unflappable among us. This is particularly true ...

What to do if you are driving without insurance?

But if for some reason you're driving without car insurance, it's probably a good idea to contact an attorney as soon as possible to discuss your situation. Learn more about what happens if you're in a car accident and you're uninsured.

Can you be cited for a DUI?

Usually, but it's not a legal certainty. Just because you were cited for -- or convicted of -- a DUI/DWI doesn't necessarily mean you're at fault for the car accident. The other driver may be the cause of the accident if that driver ran a stop sign, was speeding, or otherwise failed to obey the traffic laws. Learn more about proving fault for a car accident.

Can I hire an attorney for a DUI?

Even though the insurance company will probably hire an attorney for you, if you received a DUI/DWI, it may be a good idea to discuss your situation with a separate attorney. Where a DUI/DWI is involved, the Plaintiff in a lawsuit often requests punitive damages in addition to compensatory damages.

How long can you go to jail for a DUI?

First-time offenders may face 72 hours in prison, while repeat offenders may be locked away for months. Many states incorporate community service into DUI punishments. Do your best to complete the programs as quickly as you can, which improves your standing with the court.

How long does it take to lose your license if you have a DUI?

DUI charges result in a loss of driving privileges in every state. First-time offenders may have their license revoked for thirty days, while multiple DUI holders may permanently lose their driving privileges. In the coming months following your DUI charge, you will be expected to pay all DUI-related fines.

What does "driving while intoxicated" mean?

Driving under the influence (DUI) or driving while intoxicated (DWI) means the driver’s ability to operate a vehicle was impaired at the time of the incident. Alcohol, recreational drugs, and prescription drugs are common causes of a DWI crash. Operating a vehicle while intoxicated puts you, your passengers, and anyone else in the road in danger.

How much is a DUI charge?

DUI charges lead to court hearings and fines. First-time DUI convictions range from $390 to $1,500. Multiple offenders receive penalty assessment fees that can increase the fine by three times. You can also expect your insurance premium to skyrocket after being convicted for a DUI.

What is reckless driving?

Reckless driving is a criminal conviction in which the driver did not consider or care for the safety of the people and property around them. Reckless driving charges are administered in a DUI case you should never make when something is damaged or someone is hurt from intoxicated driving.

Does reckless driving affect your insurance?

Reckless driving may show up in a background check, so it can prevent jobs in the future. It also raises your insurance premiums, as providers view you as a liability on the road.

What is negligent homicide?

Negligent Homicide. Negligent homicide is categorized as the unintentional but careless killing of another individual. Drivers involved in fatal DUI collisions will face negligent homicide charges, which is a Class A felony. The conviction is made if the driver was intoxicated and unfit to operate a vehicle at the time of ...

What happens if you don't plead guilty to a DUI?

If you do not agree to a plea bargain, your case will proceed to a criminal trial. Your defense lawyer will thoroughly investigate your DUI case and gather witness testimony and evidence to prepare for your trial. Your lawyer will also obtain a copy of the DUI report from the police and any video recording of the arrest from police body camera footage.

Why is an administrative hearing important?

The administrative hearing is important because it will determine whether the police officer who arrested you had probable cause to arrest you. It will also determine whether there is any reliable evidence that you were under the influence of drugs or alcohol when you are arrested.

What is a Hit and Run?

A hit and run accident occurs when you (1) are involved in a car accident and (2) leave the scene before fulfilling your legal obligations. Georgia law imposes certain duties on all drivers who are involved in an accident. Pursuant to O.C.G.A 40-6-270 , all drivers involved in a vehicular accident must:

What If I Hit a Parked Car?

Your obligation to report an accident exists regardless of whether another person was involved and/or injured in the crash. You must report all accidents, even those involving unoccupied parked vehicles. This means that if you lose control of your car and crash into or even graze another vehicle, you must notify the other car owner.

What are the Consequences of a Hit and Run?

In Georgia, a hit and run accident involving personal injury or property damage to an occupied vehicle is a felony offense. Penalties for a felony hit and run conviction include:

Get Help Fighting DUI-Related Charges in Georgia

Did you prematurely leave the scene of an accident because you were afraid you would be arrested for DUI? Do police suspect that you may have been involved in the crash? The best way to protect your future is by contacting an experienced Atlanta DUI attorney for help.

image