Can I be charged with dui after single accident

Hi Susan, The short answer is maybe. It will be dependent upon what evidence the officer may have been able to collect to support a charge for an OWI.  Under Louisiana Revised Statute 14:98, an OWI is going to be anytime you are behind the wheel of a vehicle, keys in the ignition, and you have a blood alcohol content of 0.08 or above, under the influence of a controlled dangerous substance, a medication which has a warning to not operate large machinery, or any combination of the three. In order to establish you are guilty of an OWI, the prosecutor would have to establish three elements: 1) that there was probable cause for a stop by the officer. Generally, this will be any traffic violation such as speeding, failure to use your turn signal, running a stop sign, etc. An accident is considered immediate probable cause as the officer needs to determine if anyone is hurt. The probable cause element just allows the officer to come into contact with you; 2) that there is reasonable suspicion that you may be intoxicated. This usually is established by the impression of the officer at the time such as them detecting an odor of alcohol, slurred speech, swaying, or seeing an open container in the vehicle; and finally, 3) Proving Intoxication. This is where the officer asked whether or not you were drinking. An affirmative answer does not mean you were above the legal limit, but gives them more reason to continue the investigation. This is where they will ask you to do the standardized field sobriety test, which you do not have to submit to. They will also ask for you to provide a breath sample to determine your blood alcohol content. This is also voluntary and you may decline to provide one.  The DA's office will have to weigh whether or not they believe they have sufficient evidence to charge you for an OWI given the totality of what evidence the officer was able to collect during his interactions with you. If you submitted to any of the standardized field sobriety tests, provided a blood alcohol sample, or made an admission to drinking prior to driving, the DA could possibly charge you. Nonetheless, if you do get charged with an OWI and/or if you are in need of an attorney to represent you regarding the careless operation and leaving the scene of an accident charge, please feel free to contact my office today at 337-237-0492 for an appointment so that we can discuss your case.