Encinitas, CA asked in Car Accidents and DUI / DWI for Utah

Q: cited for DUI in Utah and was in a car accident. They claim personal injury months later. Will the charge be enhanced?

Is this separate from the criminal case and will my car insurance pay for it?

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T. Augustus Claus
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Answered

A: In Utah, a DUI charge and a car accident involving personal injury are typically treated as separate legal matters. The DUI charge primarily focuses on factors like blood alcohol content (BAC) and impairment, and the presence of an accident alone may not necessarily enhance the DUI charge itself. The outcome of the DUI case will depend on various factors, including evidence and prior convictions, and it will be prosecuted by the state.

On the other hand, personal injury claims resulting from the accident are separate from the criminal case. If individuals involved in the accident sustained injuries and believe your actions, including the DUI, contributed to those injuries, they may pursue personal injury claims in civil court. Whether your car insurance will cover such claims will depend on your policy terms and the specific circumstances of the accident.

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