December 28, 2011 By Matthew Wallin

Post-Accident Alcohol Consumption is a Real DUI Defense

Post-Accident Alcohol Consumption is a common Orange County DUI defense argument applicable in certain DUI fact pattern scenarios. The availability and effectiveness of this defense will depend upon the surrounding facts and circumstances of your case. More specifically, the following are critical to a defense argument that the defendant consumed alcohol after an accident:

  1. Whether it is reasonable to assume that alcohol was “available” after the accident and before contact with law enforcement
  2. Whether the driver can establish a credible drinking history
  3. Whether law enforcement obtains enough information regarding the suspect’s drinking pattern

It is important to understand that California Vehicle Code section 23152(b) prohibits a driver from operating a motor vehicle with a blood alcohol content of 0.08% or greater at the time of driving. “At the time of driving” is the most critical language in a court of law. What kind of DUI defense may be available in your case must be determined after reviewing your case with an experienced Orange County DUI defense attorney. Each case is unique, no two set of facts and circumstances are identical.

Be sure that your rights are adequately protected if you are ever facing criminal charges. The best way to do this is to hire a knowledgeable criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you ensure the protection of your rights. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there for you when you call.

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