Being charged with DUI is serious enough on its own, but when an injury accident is involved, the legal consequences can be much worse. Missouri prosecutors increase the penalties when someone is hurt due to DWI.
Understand the Charges Against You
Missouri law calls drunk driving “driving while intoxicated” (DWI). You can be charged if you operate a motor vehicle while under the influence of alcohol, drugs, or both. A blood alcohol concentration (BAC) of 0.08% or higher is enough to result in charges.
When a DWI results in physical injury to another person, prosecutors can file enhanced charges. These include DWI with physical injury or felony assault, depending on the level of harm.
Do Not Admit Fault at the Scene
After a crash, emotions run high. You may feel pressure to apologize or explain what happened. Avoid doing so. You are not required to answer questions from law enforcement beyond basic biographical information, like your name and address. Anything else you say can later be used to support a criminal charge or civil lawsuit.
You should remain silent and request a lawyer. Once you invoke that right, officers must stop questioning you. Even if they don’t, you should refuse to answer.
Document What Happened
As soon as you’re able, write down everything you remember about the accident, including:
- Road and weather conditions
- Your speed and the direction you were traveling
- Whether you were given any field sobriety or chemical tests
- Anything the other driver or witnesses said or did
- Whether you were read your Miranda rights
This information is important. It can help your attorney find errors in police reports and challenge whether test results were accurate.
Understand Potential Chemical Testing and License Issues
If you refused to take a breath, blood, or urine test after the crash, Missouri’s implied consent law will trigger an automatic one-year license revocation. This revocation is separate from any criminal penalties you may face. Even if you submitted to testing, a BAC over the legal limit will likely lead to administrative license suspension.
You have 15 days from the date of your arrest to contest the suspension. Missing the deadline means automatic loss of driving privileges. The good news is that you may qualify for a restricted driving privilege (RDP), but only if you act right away.
Be Prepared for Civil Liability
In addition to criminal charges, you may be named in a personal injury lawsuit. If successful, personal injury lawsuits can provide compensation for losses like medical bills, property damage, lost wages, and pain and suffering. Look for an attorney who can defend you in both criminal and civil court.
Avoid commenting on your case, whether you’re facing criminal charges, a civil case, or both. Statements you make to police, insurance companies, or on social media can be used against you in civil court. Avoid discussing the accident with anyone (even your family members) except your legal counsel.
Start Building Your Defense Immediately
A DWI with injury charges is complex. Prosecutors must prove both that you were impaired and that your impairment caused the accident and the injury. There may be issues with how the evidence was collected or how the chemical tests were conducted. Common defenses include:
- Challenging whether the traffic stop was legal
- Questioning whether the breathalyzer or chemical test results were accurate
- Arguing that someone else caused the accident
- Showing that the injury occurred for unrelated reasons
Acting early gives you and your attorney time to investigate and preserve evidence.
Get Skilled Legal Guidance from the Attorneys at Travis Noble, P.C.
If you’ve been charged with DUI after an injury accident in Missouri, you need experienced legal assistance right away. Travis Noble, P.C., can guide you through the criminal process and work with you to pursue the best possible outcome. Contact us for a confidential consultation with a DUI defense attorney.