DWI accidents are vehicle accidents that involve a person who was driving while intoxicated by drugs or alcohol. Statistics indicated that more than forty percent of all fatal traffic accidents are DWI accidents. At least thirty percent of all Americans will be involved in DWI accidents at some point in their lifetime. Ninety seven percent of American citizens list DWI accidents as one of the biggest threats to public health on our nation's roadways.
The penalty for DWI accidents is often greater than the penalty for other DWI offenses when personal injury or property damage is involved in DWI accidents. Persons responsible for DWI accidents may face criminal charges, civil charges, and department of motor vehicle sanctions. When injury or death is caused in DWI accidents, the person who was DWI may face felony charges for their offense.
DWI accident offenders may face incarceration, heavy fines, probation, driver's license sanctions, compulsory alcohol treatment and rehabilitation classes, and more. Persons responsible for DWI accidents may be held accountable for any losses caused by the accident in a civil trial. In a civil trial, the party who suffers losses as a result of DWI accidents can seek compensation for medical expenses, loss of income, property damages, and psychological suffering.
For a person to be charged in DWI accidents, the criminal justice system must prove that the defendant was intoxicated at the time of the incident. All states have per se laws, which make it a crime for any person to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater. All states also have some form of a zero tolerance law providing that no minor below the legal drinking age shall lawfully operate a vehicle under any influence of alcohol.
When DWI accidents occur, implied consent laws make it compulsory for those involved to submit to chemical testing of their breath, blood, or urine to measure drug and alcohol levels. In some cases of DWI accidents where extensive injury or death was involved it may be difficult to gather this information. In order to convict a person in cases involving DWI accidents, the court must be shown that the person was DWI beyond a shadow of a doubt.
DWI accidents are very serious and can have enormous repercussions for all those involved. The nature DWI accidents criminal cases will depend on the state where the crime took place and the specific facts of the incident. DWI accident defendants greatly benefit from the advice and professional legal counsel of an experienced and competent attorney.
A good attorney can help a defendant to build a strong case in cases involving DWI accidents to mitigate the consequences of the offense in every way possible.
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