What happens if you’re caught with a DUI in a no-fault accident? DUI means to operate a vehicle when your ability to drive is affected due to alcohol or drug consumption. Before you are issued a driving license, you take some road tests, which prepare and qualify you to become a responsible driver. Therefore, you are to drive responsibly.
Doing the preceding ensures that you protect yourself, other motorists, and pedestrians. It extends to maintaining control of your vehicle, adhering to traffic laws, avoiding distractions while driving, and driving only under favorable conditions.
Getting behind the wheels while under the influence is not only irresponsible but a traffic offense. If you get into a crash while inebriated, you are likely to be arrested for DUI. However, an impaired driver who gets into a collision may not be at fault.
But driving under the influence plays a part in determining who is at fault. In Idaho, if you are below 21 years, your blood alcohol content (BAC) must be less than .01%. For persons above 21, the BAC is 0.08%. A Boise DUI lawyer can help you if you get arrested.
What Is the Frequency of DUI Accidents?
In the United States, every 50 minutes, there’s a death caused by DUI. Every day, there are about 29 deaths that involve alcohol-impaired driving. Annually, drunk driving accidents claim over 10,000 lives and costs about $44 billion in claims and contributions. Statistics show that in 2016 alone, over 10 000 persons died in alcohol-impaired crashes. And that accounted for 28% of traffic-related deaths.
Who Is at Fault in a DUI Crash?
As mentioned earlier, driving while intoxicated, either by drugs or alcohol, can impair judgment and contribute to vehicle crashes. However, impairment does not mean that you are automatically the one to blame for a car crash. It is possible to have another reason for the accident. That is why you must get a Boise DUI attorney.
Nevertheless, driving under the influence is illegal in all United States jurisdictions and can lead to fines, jail terms, or even suspension of licenses. A DUI lawyer will help you determine the extent of your liability and penalties.
For you to get arrested for DUI, your blood alcohol content (BAC) must be above the legal limit. Also, there has to be a legal fault for you to be liable. A legal responsibility has to fall under these components:
- Duty of care
Duty of care implies that you have to drive with reasonable care as a driver. Breach means that there was an action you took or didn’t take that was careless and irresponsible. It implies that you breached your duty of care. Causation is proving a link between your breach of care and the damages resulting from the vehicle crash.
In Idaho, if a court convicts you of driving under the influence, you can have a jail term of up to 6 months and fines as high as $500. The court can order a suspension of your license for more than six months and an ignition lock device installed in your car.
You can face felony charges amid other consequences. A Boise DUI attorney will help you prepare your defense.
What To Expect When You Drive Under the Influence in a No-Fault Accident
After an accident, police records are vital to establishing the driver at fault. And the degree to which the parties involved contributed to the accident. Establishing who is at fault in a traffic collision is vital for litigation purposes and insurance claims. Some insurance companies will not cover a driver’s claims in an at-fault accident.
However, some states have a no-fault law. The no-fault law states that regardless of whose fault it is that caused a car crash, insurance companies pay for claims. Idaho is a fault-state. Thus, when you get involved in an accident while driving under the influence, you will be liable for injuries and property damage suffered by the other party.
However, if there is evidence that you are not the at-fault driver, though intoxicated, you will not be liable. But you will still get arrested and charged for DUI. It would be best to hire a DUI lawyer at this point.
Get Help From a Boise DUI Attorney
Even without a conviction, a DUI arrest will negatively impact your life in so many ways. You can mitigate the effect by getting a DUI Lawyer in Boise to help you before things get too complicated. Our team of experienced lawyers can help you reduce your punishment. Contact us today for a free consultation.