Request a Free Consultation
Available After Hours and Weekends
A DUI charge following a car accident can involve more than a roadside investigation. Police may need to determine who was driving, whether alcohol or drugs affected the driver’s ability to operate the vehicle, and what caused the collision. If someone was seriously injured or killed, the investigation may also lead to felony charges.
Killen Law represents people accused of DUI in Nashville and throughout Middle Tennessee. Michael Killen can examine the circumstances of the crash, evaluate the evidence supporting the allegations, and identify the legal issues that may affect your defense.
Let’s talk about your case. Contact Killen Law at (615) 549-8117!
After a collision, officers may arrive while drivers and passengers are receiving medical attention, witnesses are giving conflicting accounts, or vehicles are blocking the roadway. Investigators may use observations made at the scene, statements, video footage, and chemical test results to determine whether to pursue a DUI charge.
The timing of the investigation can matter. Alcohol may continue to enter the bloodstream after drinking stops, and a breath or blood test conducted after a collision may not directly establish a driver’s alcohol concentration at the time of the crash without further analysis.
A driver may also be asked to perform field sobriety tests after experiencing pain, a head injury, or the physical effects of a collision. The circumstances surrounding those observations may be relevant when evaluating the officer’s conclusions.
The key questions are what the evidence establishes about the driver’s condition, what happened before the collision, and whether the available evidence supports the charges.
A DUI investigation and a crash investigation address related but distinct questions. Evidence that a driver consumed alcohol does not, by itself, explain how a collision occurred.
Depending on the circumstances, a defense investigation may examine:
Not every case requires accident reconstruction or expert testing. The appropriate investigation depends on the allegations and the evidence available.
When a collision causes serious injury or death, the driver may face charges beyond DUI. Tennessee law distinguishes between an ordinary DUI allegation and offenses that require proof of additional elements involving injury, death, and causation.
When a DUI-related collision results in serious bodily injury, the driver may face vehicular assault charges under Tennessee law. The prosecution must establish the legal elements of the offense, including the required connection between intoxication and the injury. The nature of the injury and the circumstances of the collision may become important issues in the case.
Learn more about the charges, potential penalties, and defense strategies on our page about vehicular assault in Tennessee.
When a person dies in a collision involving alleged intoxication, the driver may face vehicular homicide charges. These cases can involve questions about the driver’s condition, the cause of the crash, and whether the prosecution can establish the required connection between intoxication and the death.
Our page about vehicular homicide in Tennessee explains the offense, potential consequences, and legal issues involved in defending these charges.
The appropriate defense depends on what the prosecution alleges and what the evidence actually shows. Issues worth examining may include whether the driver was correctly identified, whether chemical testing was properly conducted, whether the collision evidence supports the reported sequence of events, and whether the prosecution can establish the required connection between the alleged impairment and the crash.
For example, a blood test obtained well after a collision may require analysis of the timing and circumstances of the sample. In a multi-vehicle accident, photographs, vehicle damage, witness accounts, and available recordings may help clarify how the collision occurred. Where injuries are involved, medical evidence may also be relevant to the nature and cause of those injuries.
These issues do not automatically defeat a DUI charge. They can, however, help identify disputed facts, weaknesses in the evidence, and questions that need to be addressed in preparing a defense.
Michael Killen has maintained his own Nashville law practice since 2010. Killen Law represents individuals facing DUI and other criminal charges in Nashville and throughout Middle Tennessee.
A DUI accident case may involve questions about chemical testing, the cause of the collision, or additional allegations arising from an injury or fatality. Understanding the evidence and the specific charges is an important step in evaluating the available legal options.
If you are facing a DUI charge after a crash, contact Killen Law to discuss your case.
