Hampton Roads DUI Investigations

Following a car accident, officers will arrive and investigate a crash scene as part of their job duties. If they believe that one or more of the vehicle operators were intoxicated at the time of the accident, then they can attempt to perform a field sobriety test. If the person is unable to perform a field sobriety test, and the officer believes there is enough for probable cause, they can make an arrest at that time.

It is best to speak to a knowledgeable attorney to learn about the process of Hampton Roads DUI investigations. An experienced DUI lawyer could explain the nuances of how officers determine an individual has been driving under the influence of alcohol and how that could be used in a civil claim.

Tests to Detect Alcohol Consumption

It can be difficult in accident cases to have a person perform a field sobriety test, even if they are not physically injured. They may not be in the right mental state to perform those tests. The officers will talk to the drivers and test their memory and their cognitive skills to see if there is any impairment there. If these simple conversations indicate impairment, they can serve as a field sobriety test.

In certain situations, the office may not be able to serve a field test. If the officer is unable to administer any field sobriety tests, they will have to go on what they have observed, such as smelling alcohol on their breath, or observing that the person had bloodshot eyes and slurred speech. During Hampton Roads DUI investigations, if the officers have any reports about how the person was driving and that operation of the vehicle may have given rise to the accident, suggesting that they were intoxicated, they could have probable cause to arrest them.

What Aspects of a Criminal Case Can Be Used in a Civil Case?

When a person talks to a police officer about their case, their statement is written down, and the declaration may be used at trial. Not every statement that the person makes is admissible in court. In civil matters, oftentimes there are crossovers as to what evidence found in Hampton Roads DUI investigations is used from the criminal case. These could include:

A well-practiced attorney could investigate the incident and determine which evidence in Hampton Roads DUI investigations could be used in trial.

How A DUI Defense Attorney Could Help

One thing a person has to consider in a civil case is determining if the defendant should testify at trial. Often in civil cases, especially if they are in discussions with the insurance company, they may not want the defendant to make any statements, because those statements can impact future matters. A person also has to consider whether this is a case they want to take to trial as well as acknowledging that certain evidence that may be brought out during civil ligation.

A seasoned attorney will review the evidence and can advise you of your legal options. Call today to learn more about how an attorney could help with Hampton Roads DUI investigations.