Unfortunately, road accidents happen all the time, and sometimes, no matter how careful you are, you cannot prevent some occurrences. But what you can definitely do is avoid using any substances while driving. And what’s sad is that people do not seem to get it. A vast majority of them have witnessed numerous vehicle collisions that were caused by DUI and yet, they are still driving under the influence.
What they obviously forget is that precisely drunken driving is one of the most common causes of vehicle crashes in the world and these things can lead to serious injuries and even death. In order to raise awareness when it comes to this, we decided to provide you with some informative facts concerning DUI.
Important Facts You Should Know About DUI
Lawsuit Against A Drunk Driver
Were you injured by a drunk person? Was that individual under the influence of drugs or alcohol at that very moment? If the answer to both of these questions is yes, then you should definitely consider hiring a lawyer.
There are many people who’ve been through this who are wondering if they can file a lawsuit against a drunk driver? If you’re interested in an in-depth answer, you can read more here, but bear in mind, that yes, you can certainly sue this person, especially if he or she has caused you injuries. In that case, you can employ proof of the driver’s intoxication to establish negligence.
Additionally, once you manage to attest negligence and establish emotional, physical, and financial injuries, you can work on getting the proper compensation.
The Burden Of Proof
Now, even if a criminal DUI charge is rejected on a legal technicality, you should still fight for your compensation for numerous injuries in a civil drunken driving personal injury case. How come?
Well, that is because there are two burdens of evidence in the two types of cases. When it comes to a criminal case, the prosecution must prove the guilt of the drunk driver beyond a reasonable doubt.
But when it comes to the civil drunken driving accident case, then the burden of proof is actually a preponderance of proof. So what does it mean then? It means that everything you’ve said is most likely true than a lie.
Now, many seasoned lawyers will suggest the victim bring the civil lawsuit concurrently as the driver (who caused the accident) is being prosecuted.
Anything Else That You Need To Know?
DMV Hearings
It’s safe to conclude that DUI arrests are a little bit specific in the way that a person who is being arrested will not only have to face the criminal justice system in their country only but he or she will also have to deal with the Department of Motor Vehicles or short for DMV.
Once the person is arrested, he/she will have to wait ten days to demand a hearing with the Department of Motor Vehicles. During this “meeting”, that individual will have to challenge the decision to revoke their license, but not to impugn their innocence from a crime.
You Can Be Held Guilty Without Driving A Vehicle
“A person is guilty of the offense of driving under the influence and is subject to punishment if the person is driving or in actual physical control of a vehicle and is under the influence of alcoholic beverages.”
So what can we conclude from this statement? By having actual physical control of a vehicle it means that you are capable of controlling it whether or not you were exercising this capacity when arrested for driving under the influence.
This means that even if you were just sitting behind the wheel and you weren’t moving the automobile, you were still in physical control. So if it was uncovered that your BAC was 0.08% at that time, you will most definitely be charged with driving under the influence.
Liability Of Third Parties
People often have a tendency to overlook the fact that even the person or company who has sold alcohol to the individual who has caused an accident can also potentially be held responsible.
Furthermore, many states have laws whereby clubs, bars, hotels, motels, and social hosts can be held accountable for damages by giving alcohol to an individual who has injured or killed someone in a DUI crash.
Moreover, this type of accident case can potentially be settled if the opposing insurer concludes that its insured person has caused this incident.
Even though driving under the influence is perceived as a serious offense in many parts of the world, unfortunately, there are still a plethora of drivers who do not take it seriously. Therefore, if you’re one of them, go through this article carefully and get your facts straight.