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Does the court assume a direct correlation between a DUI >.08 and an accident during the driving of the intoxicated person?

Oakland, CA |

To my understanding, there is room to argue that the accident wasn't caused by the alcohol even if the person were drunk. If there is no evidence that suggests an other item caused the accident, is it automatically assumed that the drunk driving caused the accident and resulting injury of second party?

This is a one car accident. Party injured is a passenger.

Attorney Answers 8

Posted

A blood alcohol concentration of .08% or more within 3 hours of the accident allows the prosecutor to use a jury instruction that creates a presumption that you were under the influence.

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2 comments

Asker

Posted

what if the BAC test came out dubious (untimely testing) and the prosecution only had the admittance of drinking and driving to work with? Can it then be argued that I wasn't impaired to the extent of causing the accident?

Anthony Allen Roach

Anthony Allen Roach

Posted

You certainly can make the argument.

Posted

Yes. If you are drunk and you have a single vehicle accident, it is inferred that the drunk driver failed to prevent his vehicle from hitting a stationary object. I have yet to see an Oak Tree charged as a Co-Defendant.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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1 comment

George Ellis Corson IV

George Ellis Corson IV

Posted

A Criminal Attorney and a potential Plea Bargain would be an excellent plan.

Posted

If you were operating a car under the unfluence and crashed it, you would have a pretty hard time convincing anybody that the alcohol had nothing to do with the crash. I suppose there could be circumstances where a crash was not caused by drinking- for example if the car was parked and the hypothetical oak tree fell on it.

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Posted

Bottom line is retain a local DUI lawyer to defend the charges, and stay off the sauce while driving.

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Posted

Consult with an attorney.

This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.

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Posted

In California, there is a presumption of intoxication at that magic 0.08% blood alcohol level.

In looking at the comments to some of the other answers, I'm not clear on whether they have a valid blood alcohol level on you or not. The validity of a test taken outside of 3 hours from the driving is questionable. If the testing was done some time after the driving, the prosecution must rely on backwards calculations as to what the driver's alcohol level "must have" been. It's subject to attack, since there is not a 100% calculation they can rely on.

Your question is a good one, but it's one that is only going to be answered accurately by an attorney who has access to the entire case - all the reports and statements, the chemical testing (including calibration and maintenance records of the equipment used). Having said that, any measurable amount of alcohol and a collision with injuries to another party (including a passenger in your own vehicle) is problematic.

Time for a lawyer if you don't already have one.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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Posted

There is a presumption that you were driving under the influence. Look at the charge and see what it says. Hire a criminal lawyer to defend you if you believe you have a winning argument. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

Since this was a one car accident, most likely. However, in answer to the first part of your question no. For example, if a drunk driver was sitting at a red light and was rear ended, the fact that he was drunk would be meaningless.

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