Injured in an Accident: Can I Get a DUI?

By Jonathan Blecher on May 23, 2016

As a Miami DUI attorney, I have over 30 years of experience defending drivers against DUI charges. Over this time period, I have seen my share of individuals who were involved in car accidents and later charged with driving under the influence.

In this post, I am going to address what happens when someone is involved in a serious car accident and later slapped with DUI charges. While this scenario is less common than the traditional DUI stop, it happens.

Let’s say that you were along US Highway 1, you saw debris in the road and you quickly veered to the right. Unfortunately, you overcorrected and you lost control of your SUV, causing the vehicle to roll over three times before coming to a rest on the side of the highway.

You forgot to wear your seatbelt that day, so you ended up being ejected 30 feet during the rollover crash. No one else was injured, and it was a single-vehicle crash, and surprisingly, you managed to survive.

Just as you were thanking the powers that be that you were still alive, you were arrested for driving under the influence. Now you’re thinking, “Can I get arrested for DUI after just being ejected in a serious rollover crash?”

What does the circumstantial evidence say?

If you were no longer in the SUV (or any vehicle that was in a crash) when the police arrived at the scene, yes, it is possible for you to be charged with DUI, even though there were no officers around to witness you behind the wheel.

This would be a case centered on “circumstantial evidence.” The state would have to supply substantial evidence proving that the person who was ejected from the SUV was in fact the driver AND that he or she was under the influence of drugs or alcohol at the time they were driving.

Sometimes this can be a tough case to prove, but it is possible.

Work With a Qualified DUI Lawyer

Are you facing DUI charges? If so, contact me at Jonathan Blecher, P.A. I am a longtime Miami DUI defense attorney who was recently elected to serve on the Board of Directors for the Florida Association of Criminal Defense Lawyers, Miami Chapter.

To learn more about my qualifications, read my attorney profile page. For a free case evaluation, contact my office by calling 305-321-3237 today!