In Washington, any accident that is caused by a DUI requires additional investigation. The officers must assess the driver to determine their blood-alcohol content reading. Next, they must determine if they caused the accident. It is the victim’s injuries that define if additional cases are presented. The following is a review of DUI-based accidents that an auto accident attorney in Gig Harbor can conduct.
Identifying a DUI in an Auto Accident
The blood-alcohol content reading defines if the driver was guilty of a standard DUI or an aggravated DUI. These levels define if the driver had the ability to take any action to reduce the probability of an auto accident. This level also defines what charges could be applied.
What Criminal Charges Are Applied?
Any driver with a blood-alcohol content reading of at least 0.08% is guilty of a DUI. If it is over 0.14%, the driver will acquire a charge of aggravated DUI. If any victim in the accident dies, the driver could face a criminal charge of vehicular homicide or vehicular manslaughter. These charges could lead them to more extensive prison sentences.
Can a Criminal Case Affect a Civil Lawsuit?
Yes, in some cases, a criminal case can affect a civil lawsuit. For example, if the driver can prove that they weren’t drunk, the civil lawsuit cannot be based on intoxication. The lawsuit will have to direct accountability based on causing the auto accident only.
How Are These Cases Managed?
The attorney may choose to file a civil lawsuit after the driver is convicted of the DUI. This could eliminate errors that could cause issues for the civil claim. If it is a wrongful death lawsuit, the attorney will use the DUI as the basis of the case.
In Washington, any accident involving a DUI may require additional steps when filing a lawsuit. This includes the waiting for the findings of the criminal cases involved. Drivers who are guilty of a DUI could face additional charges based on their choice to drive drunk. Victims of these accidents who need an auto accident attorney in Gig Harbor can contact Otto Law Offices today.
