If someone is charged with DUI in Massachusetts after being involved in a motor vehicle accident, is the accident itself evidence of impairment? Under Massachusetts law, an accident alone is not evidence of DUI.
If a person is involved in a motor vehicle accident, many of the symptoms of a head injury are consistent with those for DUI. For example, if the motor vehicle operator strikes his or head on the dashboard of the vehicle, and that person is observed to be unsteady outside of the vehicle, is the unsteadiness caused by the head strike or DUI impairment?
There is no easy answer to this question, and most police officers will not be able to tell the difference absent blood alcohol testing. Simply stated, can most people tell the difference between the symptoms of impairment and the symptoms of a head injury? The answer is obviously no, and if you find yourself in such a situation you should be entitled to the benefit of the reasonable doubt.
As a result, if you or someone you know is charged with DUI, contact a DUI attorney who will fight for you and your rights.