Alcohol is usually considered an aggravating factor in car accidents. An aggravating factor is a reason why someone who has plead or been found guilty should receive a more harsh sentence. It is also something that is used to increase the value of a claim above and beyond what it would have been had the aggravating factor not been a factor in the claim. When aggravating factors are involved in a claim, you are filing for punitive damages.  Punitive damages are awarded to reform or deter the defendant from repeating the reprehensible behavior that caused your damages and/or injury. A drunk driver accident attorney will know how to file for punitive damages and can help you understand different factors that may help you receive the full compensation that you are entitled to.

Another thing to think about when you are the victim of a drunk driving accident is who is liable for the accident.  While the obvious answer may be the drunk driver, in some circumstances dram shop liability (see article link) may apply; that is, the party that supplied the liquor may also be held liable. Therefore, it is important to understand that when you are involved in a drunk driving accident, you may have multiple claims to file. An experienced drunk driver accident attorney will be able to investigate your claim and prosecute for the maximum amount of compensation that you are entitled to.

In addition to civil charges, drunk drivers are often subject to criminal charges. As such, you may be entitled to recover some of your damages through state victim assistance and compensation programs. Some states offer these programs to help reimburse crime victims and offer victim services when a drunk driver does not have liability insurance. An experienced drunk driver attorney will know how to help you recover losses and will be familiar with state programs that offer assistance to victims of drunk driving accidents.

Also be aware that when insurance claims adjustors contact you they are trying to establish liability and limit damages. To avoid inadvertently reducing your damages, it is best to have an attorney with experience handling drunk driving claims handle all communication with your insurance agency. If the other person’s insurance company contacts you, it is best to say that you are not prepared to speak with them at that time and tell them you will have your attorney contact them. Allowing your drunk driver accident attorney to work with the insurance agencies will help you avoid financially painful mistakes.

When selecting an attorney to represent your drunk driving claim, it is important to know how many victims your potential lawyer has represented. You will also want to ask the attorney if he or she is willing to seek damages against the party or establishment that served the drunk driver alcohol and if they are willing to pursue criminal charges against the drunk driver. It is also good to know the success the attorney has had representing victims of drunk driving accidents. Hiring an attorney with expertise in trying drunk driving claims and a proven track record of success will increase your chances of obtaining a fair recovery.

Drunk driving accidents cause tremendous amounts of suffering and there are several organizations that are working to not only reduce alcohol-related accidents but eliminate drunk driving accidents. These organizations also offer programs and information for people whose lives have been affected by drunk drivers. If you would like more information about resources for victims of drunk driving accidents, you can contact the following organizations: Mother’s Against Drunk Driving, Impaired Driving (Drugs & Alcohol)  Safety Program, Remove Intoxicated Drivers-USA, and Witness Justice.

DUI Laws Vary from State to State

Those accused of drunk driving face serious consequences throughout the country—steep fines, jail time, loss of driver’s license and a criminal record are just a few of the penalties those convicted of drunk driving may face. While first-time offenders often face serious consequence such as these, with each offense the penalty for a DUI only gets tougher. An experienced DUI attorney should be able to tell you exactly what you’re up against and provide you with the solid legal defense you need.

Field Sobriety Tests often Yield Inaccurate Results

Field sobriety tests are a series of tests designed to determine intoxication. In most states, these tests are voluntary and you may not be punished for refusing to take one; however, make sure that you are aware of the driving laws in the state that you are traveling in, as failing to take a field sobriety test where they are mandatory may make your situation even worse. Field sobriety tests have been proven to yield inaccurate results as many sober people are unable to pass these tests. Also, tests may be inaccurately administered. An experienced attorney should have the knowledge to fight field sobriety tests in court.

Blood Alcohol Screening Tests are Generally not Optional

While field sobriety tests are usually voluntary, blood alcohol screening tests are not. There are various ways to test for blood alcohol levels (BACs): breath tests, blood tests and urine tests. Blood tests tend to be the most accurate of the three BAC tests. It is important to be aware that BAC tests can yield inaccurate results if they are not properly administered, calibrated or maintained. An experienced attorney should thoroughly understand how BAC tests work and be able to determine if your test was administered correctly or not.

An Officer Must Have Probable Cause to Arrest You for DUI

An officer cannot arrest you for DUI without probable cause. Erratic driving is generally not probable cause, which is why officers rely on BAC tests and field sobriety tests. Failing either of these tests is generally considered probably cause, at which point, you may be arrested for DUI.

You May Need to File for a Separate DMV Hearing to Protect Your Driving Privileges

In some states, driver’s license suspension is mandatory for a first offense. This mandatory suspension may be avoided in some states if a petition is filed with the Department of Motor Vehicles within a limited time period (often as short as 10 days after your arrest). Your attorney should be familiar with these laws and be able to represent you at a DMV hearing and at trial if necessary.

An Attorney can Help Protect Your Rights and Fight for Your Driving Privileges

If you are facing a DUI, it is imperative that you contact a DUI attorney in your state as soon as possible. A DUI attorney should be able to inform you of your rights, make sure your rights are protected and fight for your best interests. Don’t mistake a DUI for a minor traffic violation. It is not. It is a serious crime with serious punishments for those who are convicted (see How to Hire a Criminal Defense Attorney).