Is post-accident alcohol consumption a valid DUI defense?
June 11, 2012 By Paul Wallin
Post-Accident Alcohol Consumption is a common DUI defense argument applicable in certain DUI fact pattern scenarios. The availability and effectiveness of this defense will rest upon the surrounding facts and circumstances, specifically, the availability of alcohol from the time of the accident and/or crash to the time that police made contact with the driver. It is extremely important to develop a drinking history timeline. A credible drinking pattern is used to formulate various DUI defenses.
If you have been accused of a crime in Southern California, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 40 years. Call us today at (888) 749-0034 or visit us at our website at www.wklaw.com. We will be there when you call.
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Our firm recently represented a client where this very defense was critical to a dismissal. The Prosecutor has the burden to prove a suspect was “driving” under the influence. After the accident and our clients trek for help, he consumed alcohol. By the time the police arrived, our client was impaired. Dismissal. The prosecutor could not prove beyond a reasonable doubt that our client was driving while impaired. Post consumption of alcohol was used successfully as a defense.
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Our firm recently represented a client where this very defense was critical to a dismissal. The Prosecutor has the burden to prove a suspect was “driving” under the influence. After the accident and our clients trek for help, he consumed alcohol. By the time the police arrived, our client was impaired. Dismissal. The prosecutor could not prove beyond a reasonable doubt that our client was driving while impaired. Post consumption of alcohol was used successfully as a defense.