What to Do After a Drunk Driving Accident

Drunk driving accidents can happen in an instant, yet their impact can last a lifetime. Every year, thousands of people suffer serious injuries, emotional trauma, and financial hardship because of intoxicated drivers. Despite strict DUI laws, drunk driving remains a significant problem in Nevada.

According to the National Highway Traffic Safety Administration (NHTSA), approximately 30 people die every day in alcohol-related crashes across the U.S. Recent reports also reveal a troubling rise in DUI arrests in Nevada, with some months seeing a twofold increase compared to the previous year. This trend is alarming, as it means more lives are at risk due to reckless and impaired drivers.

If you or a loved one has been involved in a drunk driving accident, you may feel unsure of what to do next. The actions you take immediately after an accident can significantly impact your safety, health, and ability to claim compensation.

This guide will walk you through the important actions you can take following a drunk driving accident. You’ll learn how to protect your rights, gather crucial evidence, and understand your legal options. Whether you’re seeking compensation as a victim or facing DUI-related legal consequences, this article will equip you with the knowledge you need to make informed decisions.

By the end of this guide, you will have a clear understanding of Nevada’s DUI laws, the legal consequences of drunk driving, and the steps to take to build a strong case. Don’t leave your future to chance—keep reading to learn how to navigate the aftermath of a DUI accident effectively.

Immediate Steps to Take After a Drunk Driving Accident

The moments after a car accident are critical. Your actions can impact your safety, your legal case, and your ability to recover compensation. Here’s what you should do:

Stay at the scene. Never leave the accident site. Leaving can result in hit-and-run charges and make it harder to file a claim.

• Avoid confrontation. If the other driver is visibly intoxicated, they may act aggressively or erratically. It’s best to avoid any arguments and wait for law enforcement to arrive.
• Call 911. A police report is essential in a DUI accident case. Officers will conduct field sobriety tests and breathalyzer tests to identify if the driver is intoxicated.
• Gather evidence. Take photos and videos of the accident scene, including vehicle damage, skid marks, traffic signals, and injuries. Record the other driver’s speech and behavior as proof of intoxication.
• Seek medical attention. Even if you feel fine, internal injuries and whiplash may not show symptoms immediately. A medical report can also support your injury claim later.
• Contact a lawyer. A DUI accident can lead to criminal charges, insurance disputes, and personal injury claims. An experienced attorney can guide you through the legal process.

How Long After an Accident Can You Be Charged With a DUI?

Many people assume that DUI charges must be filed immediately at the scene, but that’s not always the case.

DUI charges can be filed days or even weeks later, depending on the circumstances. If a driver is arrested at the scene, charges are typically processed right away. However, if law enforcement needs to conduct further investigation, charges may come later.

For example, if the driver refused a breathalyzer or was taken to the hospital for a blood test, results may take days to process. Surveillance footage, witness statements, and accident reconstructions can also contribute to delayed DUI charges.

“A DUI charge does not have to be filed immediately. Blood tests, witness statements, and additional investigations can lead to charges days after an accident.”

In Nevada, the statute of limitations for filing DUI charges is one year for misdemeanors and three years for felonies.

Can You Get a DUI Days After an Accident?

Yes. It is possible to receive a DUI charge days after an accident under certain circumstances.

If the driver left the scene before officers could conduct sobriety tests, law enforcement may issue a warrant for their arrest once more evidence is gathered.

Another scenario is when blood test results come back later, confirming alcohol or drug impairment.

Additionally, if witnesses report reckless driving or video footage emerges later, police may reopen the case and file charges.

What Happens If You Get in an Accident While Drunk?

A drunk driving accident can lead to serious legal and financial consequences, including:

• Criminal charges: A DUI can be charged as a misdemeanor or felony based on the intensity of the accident. If someone is injured or killed, felony charges and prison time are likely.
• Civil liability: Victims can file a personal injury lawsuit to recover medical expenses, lost wages, and pain and suffering.
• License suspension: In Nevada, a first-time DUI offense results in a 90-day license suspension, while repeated offenders can lose their license for up to 3 years.

“In Nevada, a DUI conviction can result in fines, jail time, and license suspension—even if the accident did not cause injuries.”

• Increased insurance costs: Most insurers significantly raise premiums or even drop coverage after a DUI accident.
• Harsher penalties for repeat offenders: Those with prior DUI convictions may face longer jail sentences, higher fines, and extended license suspensions.

Who Can Be Held Liable for a Drunk Driving Accident?

Most DUI accident cases hold the intoxicated driver responsible. However, in some cases, other parties may also be liable, including:

• A social host: Under Nevada’s dram shop laws, a party host may be responsible if they served alcohol to a visibly intoxicated guest who later caused an accident.
• A bar or restaurant: If a bartender knowingly serves alcohol to a minor, the establishment may be partially responsible.
• A vehicle owner: If someone allows an intoxicated person to drive their car, they may be found liable for negligence.

Comparing DUI Penalties in Nevada

FAQs

How long after an accident can you be charged with a DUI?

A DUI charge can be filed immediately or days later if law enforcement gathers more evidence, such as blood test results or witness statements. Nevada law allows up to three years to file felony DUI charges.

Can you get a DUI if you weren’t tested at the scene?

Yes. Even without a breathalyzer test at the scene, a DUI charge can be filed later based on blood test results, witness reports, and surveillance footage.

What should I do if I crashed my car and got a DUI?

Remain at the scene, cooperate with law enforcement, and avoid admitting fault. Contact an experienced DUI attorney to protect your rights and navigate the legal process.

Will my insurance cover a DUI accident?

Most insurance companies deny claims if the policyholder was intoxicated at the time of the accident. Additionally, premiums may increase drastically, or coverage may be canceled.

Can I sue a drunk driver for damages?

Yes. Victims of DUI accidents can file personal injury lawsuits to recover compensation for medical bills, lost income sources, and emotional distress.

Conclusion

A drunk driving accident can be a life-changing event, causing physical injuries, financial losses, and emotional distress. Whether you were a victim hit by a drunk driver or someone facing DUI charges, what you do next is crucial.

For accident victims, seeking medical attention, gathering evidence, and consulting an attorney can make all the difference in securing compensation for medical bills, lost wages, and pain and suffering. Nevada law allows you to hold drunk drivers accountable, and with the proper legal support, you can pursue justice and financial recovery.

For those facing DUI charges, it’s important to remember that delayed charges can still be filed, and legal consequences can be severe. A conviction can lead to fines, jail time, license suspension, and a permanent criminal record. Seeking legal representation immediately can help reduce penalties, challenge evidence, and protect your future.

“In Nevada, DUI accidents can result in both criminal and civil cases. Whether you’re a victim or accused of DUI, having the right legal support can make all the difference.”

At Gina Corena & Associates, we understand the complexities of DUI accident cases. Our legal team is dedicated to protecting your rights and fighting for the compensation or defense you deserve. If you or a loved one has been injured by a drunk driver or charged with DUI after an accident, don’t wait.

Contact Gina Corena & Associates today for a free consultation and take the first step toward securing your future.