Of course you are aware that whenever you get behind the wheel of a car, there is a chance you could have an accident. This becomes somewhat more complicated when you have had a few drinks and/or sedating medication before driving. Though you may be tempted to leave the scene of an accident, this is a very bad idea, and it will make even more problems for you. There are a number of things you should do and things you should be aware of, if you are ever in this unfortunate situation.
Things You Should Do
When you have an accident (whether you had a drink or not), you should do what any responsible person would do: report the accident if there is any substantial damage or if someone has been injured.
First thing you should do is get out of your car and access the scene for safety hazards. If anyone is hurt, you should immediately call 911 and report the accident, along with the number of persons who are hurt along with their status, as best as you can. If you have had any first aid or CPR training, do not hesitate to follow your training, if you are able to do it properly.
If you have a camera, take pictures of the scene and the vehicles. While at the scene, get names, phone numbers, and addresses, of any witnesses.
If your accident only involved some significant property damage, you should still report it. Leaving could mean a hit and run charge, and since many places and homes have video surveillance equipment, you may not be as invisible as you want to think.
As soon as possible, you should write down what happened, with all the details that you can remember. If you procrastinate about doing this, your memories will fade about the incident. When you write the statement you should put on the header "Confidential: Attorney-Client Privileged," then seal it, and keep it for your attorney's eyes only.
If you are asked by the police officers to take a field sobriety test, you can refuse. However, if you refuse a breathalyzer test, you could receive a ticket for noncompliance and face criminal penalties for this.
Things You Should Avoid Doing
Don't apologize to anyone at the scene of the accident. This can be used later in court as evidence that you were responsible for the accident. Be a nice person and do what you know to be decent and appropriate, but avoid talking too much.
If you are arrested or charged with DUI, you would be wise to avoid talking or answering questions without your attorney present.
Things You Need To Consider
In most places, an adult may be charged with DUI if they have a blood alcohol level (BAC) of .08. For a 100 lb. person, you could reach that with three drinks but you might be considered impaired at two. If you weigh 200 lbs., you could be impaired at four drinks, and at five drinks, your BAC may at or over .08. If you have taken certain medications (even OTC medications like allergy medicines) while drinking, and/or you are fatigued, your impairment could be even greater.
So, please do everyone, including yourself, a huge favor, and don't drive if you could possibly be impaired for any reason.
Be responsible about what you imbibe or ingest, and be knowledgeable about possible effects. If you are driving after having a couple of drinks and have an accident, you should report it and get help for other people. Don't take make statements of blame or remorse, but be pleasant and cooperative. Record the scene and the events for your attorney. If you are charged with anything, make your statement with an attorney present. For more advice, contact a firm such as Hogan-Kimrey LLP Attorneys At Law.Share
12 December 2014
While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!