Being involved in a car accident while under the influence is a serious matter, and losing consciousness during the incident adds another layer of complexity. If you or a loved one has been involved in an accident and became knocked unconscious, you may face a range of significant legal challenges. Understanding the legal landscape and your rights is essential to handling the situation effectively.
At Shah Law Firm, we are dedicated to providing expert legal advice for those facing criminal and civil charges after traffic accidents. If you’ve found yourself unconscious after a car crash while under the influence of alcohol or drugs, knowing your legal options is important. This article explores the legal implications, defenses, and steps you should take to protect yourself.
This article will cover the following subtopics:
- Understanding the Legal Implications
- Steps to Take After the Accident
- Legal Defenses Available
- Potential Consequences of a DUI Accident
- How a Criminal Defense Attorney Can Help
- Frequently Asked Questions
- Contact Shah Law Firm
Understanding the Legal Implications
When you lose consciousness after a crash while under the influence of alcohol, several serious issues arise under Arizona law.
DUI Charges
Under ARS § 28-1381, driving under the influence of alcohol or drugs is illegal. Being found unconscious at the scene, even without immediate questioning, allows law enforcement officers to perform a blood draw under Arizona’s Implied Consent Law (ARS § 28-1321). Your blood alcohol level (BAC) can be tested even without explicit permission, especially under exigent circumstances.
Warrantless Blood Draws
A warrantless blood draw can be lawful if emergency medical personnel had to treat you at the hospital, and there was no realistic time to get a warrant due to the immediate aftermath of the crash. Arizona courts recognize an exception to the exclusionary rule under these conditions.
Criminal and Vehicular Charges
Depending on the injuries or damage, you might face:
- Misdemeanor DUI (ARS § 28-1381)
- Felony Aggravated DUI (ARS § 28-1383)
- Vehicular manslaughter (ARS § 13-1103) if a death occurred.
If you leave the scene after an accident causing injury or death, even due to confusion or fear, you could face additional charges for leaving the scene under Arizona law.
Civil Liability
Car accident victims may file civil lawsuits seeking compensation for their injuries, property damage, and emotional distress. A car accident claim can lead to steep financial burdens, especially if there were serious brain injuries, traumatic brain injuries, or extensive vehicle damage.
Steps to Take After the Accident
In the days and weeks following the accident, what you do matters tremendously.
1. Seek Immediate Medical Attention
Always seek medical attention or seek medical care as your top priority. Even if you feel fine, head injuries, brain damage, or other internal injuries might not appear immediately.
If you are able, call 911 immediately so emergency medical personnel can evaluate your condition at the point of impact.
2. Document the Incident
Gather evidence whenever possible:
- Photos of injuries in car and vehicle damage.
- Contact information for witnesses.
- Medical records showing treatments since the accident.
3. Contact a Skilled Car Accident Lawyer
A knowledgeable car accident lawyer can help with both the criminal DUI and any personal injury lawyer needs that arise from accident and injury claims.
Legal Defenses Available
There are several strong defenses your attorney may use if you were involved in an accident while impaired.
Challenging BAC Results
Testing your blood or urine improperly can lead to inaccuracies. If the breath test or blood sample collection violated procedures under ARS § 28-1388, your lawyer can file a motion to suppress evidence.
In some cases, courts have denied the motion to suppress where officers acted based on an officer’s good faith reliance on circumstances, but where mistakes exist, suppression can be critical.
Questioning Probable Cause
Police must have probable cause to believe you were impaired before forcing you to submit to a test. If there’s no probable cause or if they fail to show impairment beyond the accident itself, evidence might be thrown out in a court of law.
Refusal to Submit and Administrative Suspension
If you refused the breathalyzer or other tests, you could face an administrative suspension of your driver’s license—even without a conviction. However, an unlawful failure to submit accusation can sometimes be fought successfully.
Potential Consequences of a DUI Accident
If you are charged with DUI after being involved in a car accident, the consequences can be severe.
Legal Penalties
- Jail time or years in prison (depending on injury or death).
- Mandatory ignition interlock device.
- Mandatory alcohol education programs.
- License suspension or revocation.
A simple first-time DUI is a misdemeanor, but if serious injuries occur, charges could escalate dramatically.
Civil Consequences
- Victims may sue for property damage, medical costs, lost wages, and pain and suffering.
- Your car insurance premiums will skyrocket—and coverage may be canceled.
Impact on Your Life
- Criminal DUI charges on your record.
- Problems with job applications, especially those requiring clean records.
- Emotional and reputational damage.
How a Criminal Defense Attorney Can Help
Hiring a skilled criminal defense attorney like Arja Shah at Shah Law Firm can make a difference.
Expertise in DUI Cases
We know how to scrutinize every part of DUI investigations, whether the case involves breath or blood testing, field sobriety tests, or blood draws performed without a warrant.
Strategic Defense Planning
Your defense may include challenging BAC results, improper search procedures, lack of probable cause, or arguing that exigent circumstances did not justify immediate testing without a warrant.
Minimizing Penalties
Our goal is to minimize the risk of long-term consequences—working to get charges reduced, dropped, or dismissed where possible.
Frequently Asked Questions
What should I do if I’m unconscious and arrested for DUI?
Make no statements without your attorney. Focus on recovery and let a qualified lawyer handle communication with authorities.
Can a blood test still be used if I was unconscious?
Yes. Under Arizona’s Implied Consent Law, tests can occur even without your consent if there’s probable cause and exigent circumstances exist.
What if I had serious head trauma during the crash?
Serious head trauma or traumatic brain injuries can complicate DUI cases, especially regarding mental state or ability to consent. Your medical records are critical to your defense.
What if I was driving without a license?
Driving without a license can increase penalties if combined with a DUI, but a good lawyer can help address this complication.
Will my refusal to submit to a test hurt my case?
Possibly. Refusal to submit can trigger an administrative suspension of your license but may also create legal opportunities if police did not follow procedures correctly.
Contact Shah Law Firm Today
Facing a DUI charge after being involved in a car accident—especially if you became unconscious—poses serious threats to your freedom and future.
The legal system is tough on drunk driving, especially where accident cases involve injury or death.
At Shah Law Firm, Attorney Arja Shah has almost 20 years of experience handling dui cases and accident and injury claims throughout Phoenix, Scottsdale, Mesa, and nearby areas.
We’ve helped thousands of Arizona clients fight criminal DUI charges, reduce penalties, and defend against excessive civil claims after traffic accidents.
Call us at (602) 560-7408 or visit https://arjashahlaw.com today to schedule your free consultation.
