Hello World! Welcome Friends! Getting a ticket for your involvement in a car collision, even for a minor moving violation, can impact your accident claim. This is especially true when the charge is for driving under the influence (DUI), and now you may also be facing criminal charges.
Houston saw 2,355 DUI crashes in 2022 and the Bayou City is cracking down on intoxicated drivers and hopefully, you’re not the one facing a DUI charge. However, you may be wondering how the other driver’s charge may impact your accident claim. Keep reading on to find out and learn more.
What Qualifies as a DUI Charge
Houston considers someone legally intoxicated when they have a blood alcohol level (BAC) of 0.08% or higher—and there aren’t any exceptions to the law. A DUI isn’t limited to alcohol, it also applies to prescription medications and illegal drugs.
Potential Penalties for a DUI Charge
If you’re pulled over and fail a field sobriety test, you’re probably facing a DUI charge. The only exception may apply to a medical emergency, but even then, there’s no guarantee you still won’t face charges. This is especially true if you’re also involved in a vehicle accident.
So, what are the potential penalties for a DUI in Houston? Your penalties typically depend on whether it’s your first offense, and if you’re involved in an accident.
- Monetary fines ranging from $2,000 to $10,000
- Possible license suspension of up to two years
- Jail time can range from 3 days (first offense) to up to 10 years, especially if an accident occurs
- Mandatory installation of an interlock device on the ignition. The device prevents the vehicle from starting if it detects alcohol in your bloodstream
- Required enrollment and attendance in a DWI education program.
You may also be required to attend defensive driving classes and perform several hours of community service. As you can see, the potential penalties for a DUI charge can be expensive and have far-reaching consequences. Your jail time means time off from work and this may even cause you to lose your job.
Finding employment with a DUI conviction on your record can also be tough. Remember, a DUI is a criminal charge that stays on your record. Every time a potential employer runs a background check, your DUI will pop up.
How a DUI Can Impact Your Accident Case
If you’re injured in an accident with an intoxicated driver, you may be wondering how their criminal charge can impact your civil case.
Remember that a DUI is a criminal offense and your personal injury claim is a civil matter. This means, your civil case isn’t impacted if the driver beats their DUI charge. In other words, the at-fault driver can win in criminal court but still lose the civil case you bring against them.
However, regardless of the outcome of the criminal charge the DUI can help strengthen your personal injury claim.
Insurance Provider May Be More Willing to Settle
Don’t be surprised if the intoxicated driver’s insurance company contacts you within a few days after the accident. In fact, the insurance adjuster may show up at the hospital while you’re recovering.
The reason the insurance company is suddenly anxious to settle a claim comes down to money. Civil trials can be expensive and the insurance provider knows your personal injury claim isn’t going to be limited to a few bruises and minor vehicle damage.
Their goal is to settle with you quickly before you realize the full extent of your damages. Even though you don’t want to settle with the at-fault driver’s insurance before discussing your case with an accident attorney, there’s nothing wrong with listening to the adjuster’s offer.
You can get a good idea of what the insurance company is hoping to pay. You can also get the claim process started. You only have two years to file a personal injury claim in Texas and you don’t want to miss the deadlines.
Now that a conversation has started, it may be easier to reach an acceptable settlement without going to civil court.
A Criminal Defense Attorney Can Impact Your Case
There’s a good chance the intoxicated driver is going to hire a criminal defense attorney. This may impact your civil case if it goes to trial. While the defense attorney can’t deny their client is guilty of driving while under the influence, they can try to discredit you.
Don’t forget that Texas is a modified comparative negligence state and you can be held partially responsible for the accident. Yes, there can be a chance you’re assigned some of the blame even when the other driver was intoxicated behind the wheel.
For example, the defense attorney may claim you rolled through a stop sign and this action is partially to blame for the accident. The intoxicated driver still assumes most of the blame, but your settlement can be reduced by your percentage of fault.
The Criminal Case Can Postpone Your Civil Case
Sometimes the at-fault driver’s criminal case can delay your civil case. Since your personal injury claim has turned into a lawsuit, you don’t have to worry about the statute of limitations running out. Your attorney is filing the necessary paperwork, the delays are coming from the defendant.
Your case may be missing vital information like accident investigation and blood alcohol level reports. Even witnesses may not be allowed to testify in civil court until the criminal case has wrapped up. In the meantime, your expenses, like medical bills, are piling up. Unfortunately, there’s little you can do until the criminal case concludes.
Even if you can move forward with your civil case, the defendant is legally allowed to plead the 5th. The 5th Amendment allows defendants to stay silent on the witness stand without incurring any penalties. This is the right to remain silent for fear of incriminating oneself.
Let An Attorney Help With Your DUI Accident Case
An experienced accident attorney accelerates the judicial process while diligently preparing your accident case for civil court proceedings, ensuring its readiness for litigation.
By employing their negotiation prowess with the at-fault driver’s insurance company, your attorney may secure a settlement for you, potentially circumventing protracted civil court proceedings and expediting your path to resolution.
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