The Hoffmann Law Firm, L.L.C. Articles Drunk Driving Accident Lawyer St Louis

Drunk Driving Accident Lawyer St Louis

By The Hoffmann Law Firm, L.L.C.  Feb. 27, 2019 8:12a

If a you are hit by a suspected intoxicated driver in the state of Missouri, the police have the right to test them for alcohol consumption. When they get a driver's license in Missouri, it is considered a privilege, not a right. To get a license, a person must adhere to something called "implied consent." Implied consent means that by getting an official license to drive, that individual has given consent to be tested for alcohol or other substances if police feel like they have probable cause to question their sobriety.

If that driver doesn't submit to an alcohol test, they can face harsh penalties and automatic suspicion of their license. The courts often view a refusal as an admission of guilt, and, likely, will still charge the driver. This will help to prove their negligence and responisbility for the accident.

What is the zero tolerance law?

If the driver was over age twenty-one and asked to take a blood alcohol concentration test, they would be considered legally impaired if the results indicates a higher blood alcohol content (BAC) than 0.08%. Anyone who is found to have a BAC over 0.08% in the state of Missouri can be charged with a DUI. There are other ways that you can be charged with DUI even if your BAC was less than 0.08%.

If you are in an accident with a minor and their alchohol concentration is 0.02%, they can still be charged with a DUI. Zero tolerance means that since it is illegal to drink when you are under 21, if you are found to have any alcohol in your system when tested during a police check, it is possible for you to be charged with DUI.

Why is this important?

Being charged with DUI can come with severe penalties, even when a driver isn't over the legal limit. Also, if someone is injured or severely hurt by someone suspected of DUI, their charges can escalate. Most importantly for your auto accident case, if your are hit by a driver that is being charge with DUI, they are most likely going to be held responsible for causing the accident.

Law enforcement has the right to ask that anyone submit to a sobriety test even if they may not appear to be primarily at fault for an accident. If they suspect that drinking at all, they have the right to ask a driver to take a test to measure their blood alcohol content.

If you have been injured by a drunk driver call our 24/7 Attorney Helpline at (314) 361-4242 to speak to a St Louis Drunk Driving Accident Lawyer.

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