Car wreck while under the influence, woke up in the hospital, what's next?
(Derby, KS, U.S.A.)
I was driving home from Wichita, KS to Derby, KS when I hit a mailbox and rolled my truck. I woke up in the hospital, bruised and broken, but was not arrested. I don't remember anything at all, this is just what I was told.
I think the nurse said my blood alcohol level was .11% and I believe the legal limit is .08%. I also had cannabis in my system.
What should I expect to happen in the next few days? Will I get a DUI and have to go to jail? This would be my second DUI, but not within one year. Thank you so much for any information you can give.
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ANSWER for "Car wreck while under the influence, woke up in the hospital, what's next?":
Daniel (Derby, KS, U.S.A.):
In Kansas, a first DUI carries a 48 hour minimum jail stay, $500 to $1,000 fine, and license suspension for up to 30 days. A second DUI conviction carries a 90 day up to 1 year jail sentence, up to a $1500 fine, and a one year license suspension.
A blood alcohol concentration (BAC) of .11% is well over the State of Kansas' legal limit of .08% BAC.
You really need an experienced criminal defense attorney. If, for your first DUI you had a savvy criminal defense attorney, he or she might have had your case dismissed on a technicality, or lowered to a violation of the open container law. That way, this DUI would technically be considered your first.
When you are in a hospital and blood is drawn in the normal course of treatment, that blood is subject to analysis and its BAC turned over to the police. Moreover, you had cannabis with THC in your system. This is also an intoxicant for purposes of Kansas DUI laws.
Visit with several experienced criminal defense attorneys in your area. Most won't charge for an initial office consultation. Choose one with whom you have confidence. From there, your fate will be in your attorney's hands.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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