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DUI Accidents: Know Your Rights


Local news recently reported that a young man, only 18 years in age, had been arrested under suspicion of a felony DUI. In addition to the DUI charges, this young man was also facing hit-and-run charges after he decided to flee the scene of the accident, which had resulted in the death of his 19-year-old passenger. He did eventually return to the accident site, where he was placed under arrest.

By not knowing or exercising your rights, you are making it more difficult for your attorney to defend you. That is why if you have been involved in a suspected DUI accident, especially one resulting in an injury or fatality, the first thing you need to know is that you must remain at the scene of the accident, and render aid by calling emergency services. While "survival instincts" may lead you to believe it is in your best interests to flee, doing so will result in additional felony charges and the potential for very severe penalties.

Whether or not you were under the influence, it is very important that you do not resist arrest when law enforcement arrives. Instead, inform the officer that you need to speak to your attorney and politely decline to answer any questions until your attorney is present. You have the right to remain silent.

Without your attorney present, it is not a good idea to give your side of the story at the scene, and doing so can backfire badly. Additionally, as your attorney will tell you, neither witness statements nor a "positive" breathalyzer test guarantee a conviction. In order to protect your rights and interests following a DUI accident, you need an experienced DUI attorney who can provide you with aggressive representation you deserve.

Contact a San Jose DUI lawyer at The Law Offices of Adam Allan Arant today to schedule a consultation and full review your case.