What happens if both drivers in an accident are DUI? 50 Answers as of July 02, 2013

Both parties got serious injuries.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. Both parties could be charged with very serious OUI offenses if the prosecutor has the proofs.
Answer Applies to: Michigan
Replied: 6/21/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
They could both be charged with DUI, reckless driving or worse. Consult an attorney right away to protect your rights.
Answer Applies to: California
Replied: 3/26/2012
Harrison & Harrison
Harrison & Harrison | Samuel Harrison
Both get charged with DUI.
Answer Applies to: Georgia
Replied: 3/26/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Both would be charged. Usually if both were equally responsible there would be no awards for civil liability.
Answer Applies to: Kansas
Replied: 3/23/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
In such a case, there is usually fault found with both drivers (contributory negligence)?and both drivers can thereafter be convicted of DUI.
Answer Applies to: Alabama
Replied: 3/23/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They both could be charged with a felony of OUIL causing serious injury.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Then the negligent party would be more liable. We have comparative negligence in Michigan, as long as you are not more than 50% at fault.
    Answer Applies to: Michigan
    Replied: 3/22/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    If both drivers are DUI they can both be charged with DUI and if convicted they both face possible jail time, fines and suspensions of their driver's licenses. If your question is about civil liability resulting from the accident, that depends upon who was at fault. It is possible that both drivers could be at fault in which case a jury would have to determine the percentage of fault of each driver and assess damages accordingly under Mississippi's comparative negligence doctrine.
    Answer Applies to: Mississippi
    Replied: 3/21/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    They can both be charged with DWI. The person responsible for the wreck can be charged with intoxication assault.
    Answer Applies to: Texas
    Replied: 3/21/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If both parties in an accident were DUI and there were serious injuries then both would be charged with a DUI with injuries. The punishment if found guilty is greater with injuries involved.
    Answer Applies to: California
    Replied: 3/21/2012
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Criminally, both get charged with DUII. As to fault in a civil case, good question.
    Answer Applies to: Oregon
    Replied: 7/2/2013
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    For purposes of criminal charges that won't necessarily affect anything. For purposes of civil claims that will matter.
    Answer Applies to: California
    Replied: 3/21/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Both drivers can be charged with DUI. From a liability standpoint, the actual cause of the accident becomes more important if both drivers are/were impaired.
    Answer Applies to: Minnesota
    Replied: 3/21/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Both can be charged with DUI.
    Answer Applies to: California
    Replied: 3/21/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    Each driver has criminal liability for dui if each has some degree of fault in contributing to the accident. If 'substantial bodily harm' results then both drivers may be subject to felony dui which is punishable by a minimum of 2 years to a maximum 20 years in prison and there is no probation, meaning a person must serve at least the minimum 2 years.
    Answer Applies to: Nevada
    Replied: 3/21/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    If both are DUI and ticketed for it they should fight. Nebraska has a felony crime of DUI with injury.
    Answer Applies to: Nebraska
    Replied: 3/21/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    That is a tough one. I don't know what you mean by "what happens" . Does your question pertain to a civil or criminal outcome. In a civil case, NH has comparative negligence and if the plaintiff is 50% or more responsible than his case would get dismissed.
    Answer Applies to: New Hampshire
    Replied: 3/21/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    Both parties could be charged with DUI, and both could be convicted. The insurance and personal injury issues on the civil side are much more complex, as both are comparatively and contributory negligent. If this is a civil issue, I represent plaintiffs seeking damages, and if criminal I also represent persons charged with DUI's.
    Answer Applies to: Maine
    Replied: 3/21/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    If there is an auto accident involving two drivers and both drivers are under the influence of alcohol, both drivers are likely to be charged with operating under the influence of alcohol. Both drivers will have to hire independent counsel. Whether one or both of the drivers are guilty or not guilty will depend on the facts and circumstances of the case and the quality of representation provided by your attorney.
    Answer Applies to: Massachusetts
    Replied: 3/21/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It depends on who is at fault. Just being drunk doesn't cause an accident.
    Answer Applies to: New York
    Replied: 3/21/2012
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Both will be charged with DUI if both were under the influence. Criminal charges are brought by the state and have nothing to do with civil liability.
    Answer Applies to: California
    Replied: 3/21/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Both drivers can be charged with DUI, and potentially a VC 23153 (DUI causing injury).
    Answer Applies to: California
    Replied: 3/21/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The person who was at fault is in the most trouble. The other one might be found gulty of basic misdemeanor DUI. The person at fault is facing a felony.
    Answer Applies to: California
    Replied: 3/21/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    Both parties can be charged with DUI.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Both drivers in an accident can be charged with and convicted of a DUI. The more difficult question becomes who is civilly liable if the insurance companies of the drivers cannot work the situation out.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    The one who was at fault in the accident would more than likely charged with DUI creating injury.
    Answer Applies to: West Virginia
    Replied: 3/21/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    When you are charged with a DWI that involves serious injuries the person the caused the accident is at risk of doing a year in jail and the other person will get a DWI with probation. Both people will have a criminal record for life and find it very hard to get a good job. You should retain my office or a good criminal lawyer to handle the case.
    Answer Applies to: New York
    Replied: 3/21/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Are you asking for civil law or criminal law purposes?
    Answer Applies to: Pennsylvania
    Replied: 7/2/2013
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    Both drivers would be arrested, charged and prosecuted. The insurance companies would haggle over what percentage of fault each driver would be liable for.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    According to the facts, each party could be charged with various crimes. A good DUI defense attorney may run upwards of $5,000 depending on the injuries and charges brought.
    Answer Applies to: Hawaii
    Replied: 3/21/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    Then both should be charged with DUI. However, if you are the one charged with Aggravated Assault there is a defense because the other driver was at fault.
    Answer Applies to: Arizona
    Replied: 3/21/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Both parties could be arrested and charged for a DUI of both are driving under the influence. Further, there could be equal fault in a civil court but check with a civil attorney for these issues.
    Answer Applies to: California
    Replied: 3/21/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Then both can be charged. If the injuries are serious enough, the charges could be vehicular assault... which is a felony.
    Answer Applies to: Washington
    Replied: 3/21/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    If the injuries are serious enough they could both be facing felony DUI charges. They should seek legal representation immediately.
    Answer Applies to: Minnesota
    Replied: 3/21/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If both drivers were under the influence, they can be charged and tried for DUI.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    The insurance companies are both going to be very happy because they will both disclaim responsibility for the accident or insuring anyone in it. Speak to a good lawyer right away. Good luck.
    Answer Applies to: New York
    Replied: 3/21/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    They can both be found guilty of DUIs. If there are serious injuries, the one at fault might get a felony upgrade.
    Answer Applies to: Illinois
    Replied: 3/21/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    I suppose both could be charged with felony vehicular assault if the injuries were "serious bodily injury" which is broken bones, serious scars, impairment of organ, serious risk of death etc important will be who caused the accident - if one person was clearly at fault, then that person probably gets the felony and the other gets a regular DUI these cases need a good attorney.
    Answer Applies to: Colorado
    Replied: 3/21/2012
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    The one who drove the vehicle in such a way as to cause the accident is generally at fault.
    Answer Applies to: Missouri
    Replied: 3/21/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    They both should get arrested and they will both end up suing each other. We live in a state where comparative negligence controls so a jury would have to decide how much fault to attribute to each driver. On the criminal side, the fact that there was another drunk driver charged is irrelevant; except that the accident and injuries will both be seen as aggravating factors when deciding punishment.
    Answer Applies to: New York
    Replied: 3/21/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    They both get arrested.
    Answer Applies to: New York
    Replied: 3/20/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Both should be charged with DUI, and Serious injury by Motor vehicle, and possibly face lengthy prison sentence.
    Answer Applies to: Georgia
    Replied: 3/21/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Both will need a lawyer, because a felony is at hand.
    Answer Applies to: California
    Replied: 3/20/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Then both will be charged, possibly with Felony offenses, depending upon how serious the respective injuries are.
    Answer Applies to: Colorado
    Replied: 3/20/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Both face felony drunk driving criminal charges, with prison/jail time, fines, loss of license, being sued for damages, etc. If serious about hiring counsel to help in this, to defend the criminal charges, and if this is in SoCal courts, feel free to contact me. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 3/20/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Both are charged w/felony DUI.
    Answer Applies to: Nevada
    Replied: 3/20/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Both could face felony DUI charges. The fact that they were both under the influence doesn't cancel each other out.
    Answer Applies to: California
    Replied: 3/20/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You need to show who was at fault and whose intoxication was the cause of the injury. Sounds like a very defendable case, but you need to hire the best DWI attorney you can afford.
    Answer Applies to: Texas
    Replied: 3/20/2012
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