I Was Drunk But I Didn’t Cause the Crash: Can I Still Face DUI Charges in Fort Myers?

While driving drunk is never acceptable, many people can operate their vehicles surprisingly well, even when heavily intoxicated. If you got into a car accident while drunk, you might wonder whether your intoxication will “automatically” make the incident your fault. But what if you did nothing wrong? What if someone else caused your accident? Could you still face DUI charges in Fort Myers?

Driving Drunk Always Raises the Possibility of Criminal Charges 

Even if you did not cause a crash, you may still face legal penalties for simply driving a vehicle under the influence of alcohol. This is called a “simple DUI,” and it is a misdemeanor in Florida. In the eyes of the authorities, the fact that you drove your vehicle safely is irrelevant. The only thing that matters is whether they can prove you were intoxicated.

For example, you might have been parked at a red light when you were rear-ended by an out-of-control teen in a pickup truck. If police or other first responders subsequently discover that you were intoxicated at the time of the accident, they may still charge you with a DUI. The relevant elements of this offense are intoxication and control of a vehicle.

What if I’m Accused of Causing Property Damage, Injuries, or Death?

If you face allegations of causing property damage, injuries, or death, your consequences could be far more severe. The fact that you were intoxicated may lead the authorities to believe that you were to blame, even if you were not. Although an investigation could potentially clear you of these heightened charges, there is no guarantee that police officers will discover you were not to blame.

You Could Face Heightened DUI Charges Even if You “Contributed” to an Accident

Florida law states that you could face heightened DUI charges for causing or “contributing to” an accident involving injuries or deaths. In other words, you could face these heightened charges even if you were not the “main cause” of a crash.

For example, you might have swerved slightly while driving down a road. If your swerving caused another driver to veer out of their lane and hit a cyclist, you could face criminal consequences for contributing to the injury or death of the cyclist.

As a result, it may be important to prove that you were “0% responsible” for the accident you were involved in while drunk. An experienced DUI lawyer in Fort Myers may be able to help you accomplish this goal.

Contact a Fort Myers DUI Defense Attorney for Further Guidance

An experienced Fort Myers DUI defense attorney may be able to help if you were involved in an accident. When it comes to basic DUI charges, your level is irrelevant. However, you could avoid more serious charges if you can prove that you did not cause the accident. For further guidance on this subject, contact The Foley & Wilson Law Firm today.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html