DUI Accident Laws

• Drunk drivers cause some of the most serious accidents.car crash image by dawn from Fotolia.com
  
  Driving under the influence is an important issue for every community. Drivers who get behind the wheel while affected by alcohol or drugs put themselves at risk, along with everyone else on the road. Each state has its own laws for penalizing drivers who cause accidents while under the influence.
  
  

Determining DUI

• Each state has its own method for determining if someone has been driving while under the influence (DUI). The general principle involves testing the driver's blood alcohol content, or BAC. If a driver's BAC is above a determined legal limit, such as .08 percent, then DUI charges may apply.
  
  In some states a driver can be charged with DUI even without failing a BAC test. Instead, erratic or unsafe driving, such as that which causes an accident, can be enough evidence to charge the driver.
  
  The severity of a DUI charge depends on the driver's actions and the actual BAC as measured in a blood, breath or urine tests. Drivers who refuse to take a test may also be subject to special DUI prosecution.
  
  

Determining Fault

• State accident laws also vary in terms of how they assign fault. So-called comparative negligence states allow for the fault of an accident to be split between the two parties based on the actions of each driver. In DUI cases, the party charged with DUI is likely to be entirely liable for any property damage and injuries caused in the accident.
  
  

Accident Procedures

• In DUI accidents, all parties must follow the legal procedures for dealing with an accident. This includes notifying the police and remaining at the scene of the accident until they arrive. Drivers who leave the scene of an accident may be subject to charges in addition to a DUI charge and fault for the accident itself.
  
  

Penalties

• The penalties for DUI accidents are severe and increase with repeated offenses. Often a DUI accident requires mandatory jail time and a fine, which may extend into the thousands of dollars, in addition to any liability on the part of the driver for property damage and bodily harm.
  
  DUI accidents can also put a driver's license at risk. Judges are authorized to revoke a driver's license or require alcohol counseling or a safety class until the driver's rights can be reinstated. Insurance companies may also raise their rates or deny service to drivers convicted of causing a DUI accident.