QUESTION
Can I be charged with a DUI if I wasn't drinking until after my accident?
Asked on Dec 23rd, 2012 on DUI/DWI - Pennsylvania
More details to this question:
I crashed my car near my house while driving home. Crested over a hill and lost control, colliding with a fence. First accident ever, and it was near my house, so I walked home because I didn't know what to do. I was panicked, and close to a panic attack, so I took some shots and had a beer to calm down when I was advised by my parents to report the accident. Cops came and eventually gave me field sobriety tests, which due to my nerves of having my first accident, the wind gusts (probably around 30-50mph), being outside in 30 degree weather, and just drinking, I did not complete them satisfactorily. I told the police that I drank after the accident because of my nerves, and they verified that this was my first accident and offense ever. Blood tests were administered, and pending the results, I may face a DUI.
1 ANSWER
3 Awards
The drinking after the accident defense is sometimes raised by clients but rarely used by an attorney at trial. The problem with the defense, is that nobody believes it. Why would someone get drunk after an accident knowing they will be interacting with the police? A beer and a couple of shots may not put you over the limit, but you will be arrested if you are over .08. If you want to use the drinking after the accident defense, you better have your parents be prepared to testify in order to corroborate your story. If this is your first DUI, you may be eligible for ARD which is a first time offender's program. With ARD, there is no admission of guilt and you are not convicted. If you complete the program your record is wiped clean (expunged). It's a hard deal for someone to pass up even when they have a somewhat decent defense. It is even harder to pass up if you have a lousy defense.
Answered on Dec 30th, 2012 at 9:49 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900