Legal Question in DUI Law in New York

Accident/ Hospital test results show over limit

A family member was involved in a motor vehicle accident and was taken to hospital where the Dr.'s did blood alcohol check. Found to be double the legal limit. Other driver released unharmed. He was not arrested and was released from hospital. What if anything, can we expect to happen now?


Asked on 9/26/06, 1:17 pm

3 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Accident/ Hospital test results show over limit

It depends on whether the police are investigating the accident. If your family member is questioned about the incident by police, he should immediately contact an attorney and politely refuse to answer any questions until counsel has been consulted. If you need a DWI attorney, please contact me via email. If I cannot service you, I will gladly refer you to an attorney in your area.

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Answered on 9/26/06, 4:22 pm
Robert Evans Robert S. Evans esq.

Re: Accident/ Hospital test results show over limit

There is the potential that an arrest will take place. If that occurs immediately contact an attorney and do not answer questions without your attorney present.For more information you may contact my office @ 7188340087.A phone consultation is free.

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Answered on 9/26/06, 4:30 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Accident/ Hospital test results show over limit

There are two distinct potential possibilities.

Primarily, an arrest may occur as a result of the blood alcohol level. If any questioning begins you should seek to immediately find counsel to represent you, as the State is extremely tough on DWI/DUI cases.

Secondarily, the potential for a civil law suit exists in that where a high blood alcohol level is found in one party there is a presumption of fault on them and insurance generally does not cover accidents caused while under the influence of alcohol... in this instance he may face a major lawsuit where he would be personally liable for the damages.

Feel free to contact my office for both scenarios as this is generally the type of cases we handle. Please feel free to call us at your convenience at 2127098303

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Answered on 9/28/06, 10:54 pm


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