- A common question we get at our law firm is, “can the police charge you with a DUI after the fact”, ie: after you’ve had an accident?
- And the answer is yes. Let me explain.
DUI After an Accident
- In certain scenarios, particularly accidents involving injuries, you might be taken to the hospital for medical care before any DUI investigation occurs.
- However, this doesn’t mean the possibility of getting charged with a DUI goes away.
- The police can only charge you with a DUI, which could be Impaired Driving or Over 80 when they have sufficient evidence to establish the grounds for a DUI charge.
- The police need time to collect evidence.
- So, what kind of evidence are the police looking for?
- Well, it varies from case to case.
- They may need blood samples, witness statements, or even the need to assess the state of your vehicle.
- Collecting this evidence takes time, and the police investigation may continue long after the accident.
Facing Police Questions
- Now, let’s say the police come knocking at your door, asking you questions about the accident.
- It’s essential to understand why they’re doing this.
- Often, it’s because they don’t have enough evidence to charge you with a DUI and they are trying to get you to say something that would support a DUI charge against you.
- In this situation, it’s important that you exercise your right to remain silent.
The Power of Silence
- You might be tempted to cooperate and answer the Police questions, but doing so can actually harm your case.
- By speaking with the police, you may unintentionally provide them with the missing link in their evidence, strengthening their position to lay a DUI charge against you.
- So, remember, saying nothing is often the best strategy.
The Fear of Refusal
- I understand that some clients may feel nervous about refusing to speak to the police.
- There’s a common fear that the refusal to answer questions may trigger the police to charge them with a DUI.
- That fear is unfounded.
- If the police are going to charge you with a DUI, they will, regardless of whether you speak to them or not.
- And, as I just mentioned, if you do talk, you may be giving the Police evidence that can and would be used against you.
Charged vs Convicted
- If you do find yourself charged with a DUI after the accident, it’s important to remember that being charged isn’t the same as being convicted.
- The Crown, relying on the police evidence, must establish all the elements of an Impaired Driving or Over 80 charge beyond a reasonable doubt to secure a conviction.
- A good DUI lawyer will dig deep to find holes in the evidence and fight your case.
Can I be charged with a DUI after an accident?
Yes, it is possible to be charged with a DUI after an accident. Although you may be taken to the hospital for medical care immediately following the accident, this doesn't eliminate the possibility of a DUI charge. The police can only charge you with a DUI when they have gathered sufficient evidence to establish the grounds for such a charge. This evidence-collection process may involve obtaining blood samples, gathering witness statements, and assessing the state of your vehicle. It's important to note that the police investigation may continue long after the accident has occurred.
Should I answer police questions about a DUI after an accident?
It is generally recommended to exercise your right to remain silent when the police come knocking at your door and ask you questions about the accident. Often, the reason the police are questioning you is that they lack sufficient evidence to charge you with a DUI, and they are attempting to elicit statements that could support a DUI charge. By speaking with the police, you may unintentionally provide them with information that strengthens their position to lay a DUI charge against you. Remember, saying nothing is often the best strategy to protect your case. It's important to understand that refusing to answer questions does not automatically trigger a DUI charge; if the police intend to charge you, they will do so regardless of your cooperation.
