Could i be charged for dwi after my car accident? no one else Was involved they did draw blood and made me blow.

Asked over 1 year ago - Minneapolis, MN

no one else was involved they did draw blood and made me blow . That Night i had went out had 3 shots , i got into my accident at 4 am starting drinking at 11 pm . The Night before i had stayed up all Night and didn't get any rest i Was exhausted but still went out , i crashed into a street light i had fell asleep while driving . They asked if i have Been drinking and said yes since The state patrol said he wanted me to blow .

Attorney answers (4)

  1. Thomas C Gallagher

    Contributor Level 17

    11

    Lawyers agree

    Answered . Yes, drivers are arrested for DWI often after car accidents. A car accident does not prevent such legal action against a driver. It is important to understand that almost every DWI arrest or investigation with a PBT (Preliminary Breath Test) report of 0.08 or more, will result in at least two legal actions against the driver: 1) the criminal-DWI charges; and 2) the administrative drivers license revocation ("implied consent" case). Most people have some general understanding of what it means to be charged with a crime, like DWI. But most have little understanding of the administrative drivers license revocation, which happens before any court appearance, and becomes permament on the drivers license record, unless challenged within 30 days. It is not clear from the question, but it sounds like perhaps the questioner here blew into a PBT, then had a blood sample taken for chemical testing. If so, it will take some time for the blood to be tested for alcohol concentration. After it is, the Minnesota Department of Public Safety will send a Notice of Revocation in the mail to the address on the drivers license. The dirver then has 30 days, plus three days due to mailing, within which to perfect a legal challenge by filing a Petition for Judicial Review in court, demanding a hearing. This should always be done. A DWI defense lawyer will be needed to help with this, as well as to defend the DWI criminal charge, and other potential cases stemming from the incident (such as plate impoundment or car forfeiture, depending on prior record).

  2. Maury Devereau Beaulier

    Contributor Level 19

    10

    Lawyers agree

    Answered . Yes, you may be charged after an accident if there is probable cause to believe you were impaired while operating your vehicle. There may, however, be many defenses. You may challenge whether there was a basis to seek a blood test. Moreover, a current case that has been heard before the Supreme Court, Missouri v. McNeely, calls into question whether law enforcement may seek a blood test without having a warrant for that test.

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  3. Andrew M. Leone

    Contributor Level 20

    8

    Lawyers agree

    Answered . Yes, you can be charged. And most likely if the blood results are over .08 you will be charged. It may be in your best interest to begin discussing the case with a defense attorney so you can be ready to react once you are charged. You driver's license will be suspended and in order to fight the suspension you will have to take proactive steps. Also, an attorney can help you understand the process you will go through in the criminal justice system.

    I hope you find this information helpful and feel free to contact me if you have any other questions about the situation. I wish you the best of luck.

  4. Sonila Isak

    Contributor Level 9

    6

    Lawyers agree

    Answered . Absolutely. It is very likely you will be charged in the near future. Consult a local criminal defense attorney in your area. Best of luck.

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