DUI with Property Damage in Darien
When the Darien Police come out to investigate the scene of an accident, they will not only talk to witnesses but also the drivers and passengers of the car(s). It usually evolves from a routine crash investigation to an actual DUI investigation if they notice the driver’s eyes are glazed over or bloodshot, having trouble speaking, or smell alcohol on them. It is important to speak with a distinguished Darien DUI attorney regarding any important evidence in your case.
How is The Presence of Alcohol Tested?
The most typical way is to conduct the Standardized Field Sobriety Test. Once the officer speaks to the person and gets an indication that he may be under the under the influence of alcohol or drugs, the next step is usually to conduct the Standardized Field Sobriety Test right there at the scene if they are able to.
If the officers stop someone and they are on snow and ice, and unable to conduct a Field Sobriety Test for that reason, they can bring the person back to the Police Station in Darien and conduct the tests there.
They can also administer the breathalyzer test at the station. If they are not able to administer the test because the person is injured and is receiving medical attention, if the person goes to the hospital, the police can later submit a Search Warrant to obtain the result of any blood test.
Defining Crash Investigations
If a person is in custody, going to be arrested, and he is interrogated without being read his Miranda rights first, then those statements are typically protected by the Fifth Amendment. However, in situations where the officers are investigating a crash scene and the person says something before he is Mirandized that could incriminate him, those statements will likely not be protected.
What Is The Role of Evidence in a DUI Case?
Most of the evidence in a criminal case can be used in a civil case. A civil personal injury attorney will obtain police reports, including any video footage of the Field Sobriety Tests. Any statements made by the defendant or witnesses. It can all be used as evidence in a subsequent civil case.
Role of a Lawyer
The attorney can make sure to properly advise their client that a civil claim might be coming. Once the injured party gets an attorney, the Darien DUI criminal defense attorney can get in touch with the personal injury attorney, and sometimes things could actually be worked out before it even gets to Court. The attorneys will advise their client to alert their insurance carrier when a lawsuit is filed because insurance lawyers typically can cover those claims.
If the person pleads guilty to a DUI in Criminal Court, it is important to advise the client to do so under what is called the “Alford Doctrine,” which is similar to a nolo contendere plea; admitting guilt but not admitting the facts of what happened. It is a guilty plea nonetheless, but this plea cannot be used against them in Civil Court. This is a tactic used by experienced defense attorneys so they are not exposed to additional civil liability.