In Idaho, automobile accidents could produce serious injuries. A portion of the victims who are injured don’t survive. The circumstances of these serious accidents could define more than just a liability for some drivers. Any driver who causes an auto accident could face additional charges based on the outcome of the accident. A DWI Lawyer in Hailey ID provides a defense for drivers who were intoxicated during the accident.
The Accident Report
The accident report provides the exact name of the at-fault driver. The criminal defendant facing a DWI charge must be the at-fault driver if the state is charging them for additional offenses. If another driver is at fault, the criminal defendant won’t face additional charges due to the accident.
Was the Driver Guilty of A DWI?
The officers must conduct a breathalyzer test in the field to determine a DWI. However, the driver has Miranda Rights and can demand an attorney before they submit to the breathalyzer test. The officers cannot force them to take the test. An implied consent ruling could increase their penalties based on a refusal, however. The state must have evidence to charge them and convict them of the defense.
Did Any Victim Die?
If the victim of the accident dies, the criminal defendant could face a wrongful death lawsuit. They can also face more severe charges if they are applied. The circumstances of the death and the results of an autopsy define whether the driver was liable for the death.
Additional Criminal Charges
Involuntary manslaughter could apply in some cases after an accident. Typically, the cause of the accident itself determines if the charges are available. For example, if the drunk driver hit them head on or hit the victim with their vehicle, these charges are applicable.
In Idaho, automobile accidents lead to more serious injuries when a driver is intoxicated. During this time, the driver is unable to make snap decisions and could lose complete control of the vehicle. This can lead to possible fatalities as well. Criminal defendants who are facing the charges contact a DWI Lawyer in Hailey ID or learn more about our firm today.