Convictions of driving under the influence can result in heavy penalties, such as a permanent criminal record, along with consequences that constrict your freedom, such as:
- Maximum fines
- Jail time
- Probation
- Mandatory DUI counseling / treatment
- Ignition Interlock Device installation
If the driver who is allegedly driving under the influence causes an accident as a result of this act of negligence, the penalties can be much steeper, and a prosecutor's ability to plea bargain may be statutorily restricted or prohibited.
Probable Cause in a DUI Accident
Being in an accident often meets the threshold for "reasonable suspicion" of a law possibly being broken. The police officer is permitted to investigate the drivers to determine what caused the accident and whether a law has been broken. The officer can ask whether the driver or drivers have been drinking and can look for evidence of drunk driving. Field sobriety tests may also be conducted at this point.
Testing of the participant's blood alcohol content (BAC) level can be done at the discretion of the officer at the scene of the accident. "Implied consent" laws in both Missouri and Kansas state that if you are arrested in a lawful manner by an officer based on probable cause that you are driving while intoxicated, you automatically give your consent to take a chemical test to determine your BAC level.
Getting the Aggressive Defense You Need
If you have been charged for drinking and driving as a result of an accident that you supposedly caused from negligence, you will want to team up with Kansas City DUI Attorney, Steve Schanker.
Steve Schanker, Attorney at Law specializes in DUI defense and can use his experience and skills to provide a thorough defense of your case. He is knowledgeable of the laws and process related to DUI accident cases and he can build a solid defense on your behalf. Contact the firm today for the assistance you need.
