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DUI after the fact & Accident report required?
Anonymous3 views3 answers
I drank too much last night & hit a curb stting off my airbags. I had a friend take me home.
I am concerned w- being charged w- DUI afterwards. There was no damage to any property other than my wheel. I had the vehcle towed to a repair shop. They don't know it's there yet since it's Sunday. If there isn't a requirement for them to report I guess I don't need to worry ?
You are probably required to file an accident report if there was a certain amount of damage to your car. Other than filing the accident report, you should not answer any questions.
Absent you saying anything to them about drinking, I don't see how you could be charged with a DUI/DWI offense.
Mr. Kenyon is right, there may be a requirement that you report an accident to the police. I can not tell if you situation rises to that level. If the airbags went off, it sounds like a big deal. Anyway, you are not required to incriminate yourself. You should not tell them you were drinking. Otherwise, you will be admitting fault and could get in a lot of trouble. If you are really concerned with what will happen you need to contact a criminal lawyer in your area. Sit down with him and get some answers.
Damon John ChetsonCriminal Defense AttorneyRaleigh, NC ·
It is unlikely for you to be charged with a DWI based on these facts unless you or a witness tells police that you were impaired. You should not make any admissions to the police. You may be charged with a Hit and Run, but this would also be difficult for the prosecutor to prove unless they can prove you were driving and left the scene.
If you caused an accident or caused damage or injury to another's property (even state property), you may have an obligation to report. However, you should first consult with a lawyer about the specifics of the incident so he or she can advise you about your options.
