for the same type of charges such as vehicular manslaughter or serious injury, if it was clear that the other person who was injured and sober was definately at fault? or would they only be able to be charged with the driving under the influence penalties?
2007-03-19 09:17:15 · 9 answers · asked by Other 2 in Politics & Government ➔ Law & Ethics
Driving under the influence places the individual at risk, and if involved in an accident that results in serious injury or death might easily be used to implicate the individual for liability. That's why they say "If you drink, don't drive".
2007-03-19 09:22:10 · answer #1 · answered by Sailinlove 4 · 0⤊ 0⤋
The presence of alcohol would influence the outcome of the investigation. Even if the other person was clearly responsible, it would still be taken into consideration that the drunk driver may have been able to avoid the accident if he had not been drunk. It would be very hard to prove otherwise. If the alcohol levels were very high, the other driver may well get off regardless. So, it does not pay to drive while under the influence.
2007-03-19 09:28:43 · answer #2 · answered by Elizabeth Howard 6 · 1⤊ 0⤋
The law has a test for these scenarios th BUT FOR test. If it can be shown that your actions substantially caused the accident then you are guilty. But if it shown that you are not the cause you cannot be liable.It must be shown that the accident would have occured even if you were not present! And driving under the influence is a seperate offence from causing an accident so a person can be charged twice if he drives drunk and crashes!
2007-03-19 10:11:13 · answer #3 · answered by hershey's kisses 2 · 0⤊ 0⤋
If the police investigated, and found that you were not at fault for the accident, then you can't be prosecuted for the accident, or be held responsible for the damage to either vehicle.
Your insurance rates will probably still go up, since you'll have a DUI on your record, but the other driver is responsible for all the bills.
2007-03-19 09:22:36 · answer #4 · answered by Kat 2 · 0⤊ 0⤋
DUI (Driving Under the Influence) would be the charge.
2007-03-19 09:24:29 · answer #5 · answered by sjsosullivan 5 · 0⤊ 0⤋
Yes. if you are operating a motor vehicle under the influence you will be charged. The detection of alcohol at a accidnet scene regarrdless of witness statements will considered a contributing factor.
2007-03-19 09:22:17 · answer #6 · answered by horgurce 3 · 1⤊ 0⤋
There would be a requirement that the intoxication was a cause in fact of the other's death to be convicted of manslaughter.
2007-03-19 09:22:49 · answer #7 · answered by webned 6 · 0⤊ 0⤋
He should be charged with a DUI! How could he NOT be held liable?
2007-03-19 09:40:55 · answer #8 · answered by ? 4 · 0⤊ 0⤋
I would say he/she should be charged only for DUI and not for the accident/damages.
2007-03-19 09:22:43 · answer #9 · answered by ramshi 4 · 0⤊ 0⤋