DUI arrest following small fendor bender. Neither party called police, they happened to witness the accident.
I was involved in a minor fendor bender on new years eve while driving home. the police witnessed it. i was then arrested for a DUI. on the bail report it states i violated the DUI vehicle code, nothing about the accident, nor did i sign anthing stating info about the accident. is there anyway t...
I was involved in a minor fendor bender on new years eve while driving home. the police witnessed it. i was then arrested for a DUI. on the bail report it states i violated the DUI vehicle code, nothing about the accident, nor did i sign anthing stating info about the accident. is there anyway to fight the dui? what wil be the consequences? how much of a fine? classes? suspension? happened in california.
You’re going to find this out as you go along, but whatever this is you’re calling a bail report has nothing to do with what you’re ultimately going to be charged with. I guess my advice regarding that document would be to just ignore it.
There’s never anything for you to sign about an accident. The fact that you didn’t sign anything regarding the accident means nothing and again, if it doesn’t appear on this bail report you’re talking about, that means nothing as well.
Is there any way to fight the DUI?
Of course. You have the absolute right to make the State prove their case against you beyond a reasonable doubt.
Is it likely you will win?
Not very. Especially in your case, but you really didn’t comment on the details of your case. If you submitted to a chemical test (blood or breath), you are very likely going to be found guilty.
The consequences are:
* Driver’s license suspension
* DUI classes
* DUI probation (a lot of people screw this up)
* Increased insurance rates
* Court fines
* Attorney fees
* 24 hours in jail
* And maybe more, but nothing is jumping to mind.
Count on anywhere from $3,000 to $5,000 when it’s all said and done, excluding the increase in your insurance.
Glad it was only a fender-bender. People die in these kinds of crashes quite regularly.
Doesn’t matter about the accident. DUI is serious and you might as well get ready for a rough time. It will cost you no less than $5000 between a lawyer and court costs and fines.
Get a lawyer who specializes in DUI. The yellow pages would be a good place to start.
It will depend on what state you were in, some states have 1st time offender programs (classes, probation before judgment, smallish fine, AA during probation), but others fine you about $1000-$3000 and suspend your license for 3 to 6 months.
Why do you think the accident would make a difference in this matter, it’s you BAC that matters.
You better get a lawyer in any case, for the DUI part anyway.
well if they have no proof like no breathalizer than yes fight it and hopefully it is ur first most places will defer it
Were you given a field sobriety test, breathalyzer, or a blood test? Did you admit to being drunk? If you were or did, then you don’t have much of a chance in fighting it…..it’s a DUI whether or not there was an accident, and you are lucky that it wasn’t mentioned.
You’re probably looking at a hefty fine, suspension, and to top that off – a HIGHER INSURANCE PREMIUM. And if you get caught again, it’ll be even worse.
oh no! stop right there. if this is your first DUI, DO NOT GET AN ATTORNEY!!! waste of money.
look…speaking from experience, i had my first (and last) DUI. i wrecked 3 cars not including my own. if you are guilty, then just suck it up and pay the fine. you will have to go to driver safety classes once a week for 3 months, 6 AA meetings, and what ever restitution fines that are applied. i got lucky, no one showed up at my restitution hearing and i didn’t have to pay for the damage i caused ( i know, i was so stupid). my fines were $1500.00, plus the cost of the classes, i never paid an attorney. if this is your first offense, an attorney is a waste of money. my license was suspended for 30 days and i was able to get a restricted license for 3 months. because i didn’t have the $1500.00 by the due date i was given the oppurtunity to do the jail time. which was 15 days. however in the state of ca, you only pay 10 percent of the time. which was 1.5 days. so you get processed in…sleep in a cell or on a cot….then you get processed out.
the only real reason you woud get an attorney is if you injured someone, this isn’t your first DUI, or you have money to waste.
Sounds like another story of someone driving drunk, getting caught and trying to find a way to sneak out of it..Just admit what you did was wrong, pay your fine and learn from this experience. Be grateful you didnt hurt yourself or somebody else because of your recklessness
First of all, contrary to the posts here, do not assume that you must plead guilty. What the consequences of your arrest may be cannot be stated precisely until you, and your lawyer (you should have one) know what the result of your blood test is. If it is relatively low, you may be able to plead to what is known as a "wet reckless," which carries less severe consequences than a DUI. (I assume you took the required test, because otherwise you would be telling us that the police officer took your license because of the refusal.)
As usual, mikeysco’s answer hits the nail on the head, I just have a couple of points in addition. Whether any jail time is involved probably depends upon the court, but in my experience jail is not usual for a first offender who is granted probation (jail is mandatory if you are not on probation, but it is only optional if you are placed on probation–Cal. Veh. Code secs. 23536, 23538.)
He is correct that the accident means nothing in terms of the charge–so long as nobody was hurt and you did not leave; a non-injury accident, even when DUI, is not a crime. However, you may have to pay restitution to the other party in the accident for the damage, even if the accident was not your fault. If you are insured, and your insurance applies even if you are DUI (some don’t), then your insurance can pay for that.
This will also be two points on your DMV record.