Alcohol Consumption After Accident

One of the many ways to win an Illinois DUI case is to assert that alcohol was consumed after, not prior, to an accident. Call us now at (312) 466-9466 to engage top Illinois DUI attorneys to assist you with your DUI case.

Throughout our website, we discuss numerous proven and time-tested strategies for winning DUI cases. In this article, we take a look at a defense tactic that asserts that driver was not drunk at the time of an accident and that alcohol was consumed post-accident, not prior to the accident.

This particular DUI defense technique requires a unique set of circumstances to be successful. Where applicable, however, it has been used successfully to get DUI charges dismissed.

The defense is used when there is an open question as to whether a defendant was drinking before or after an accident. For example, police sometimes come upon a single car accident, locate the owner of the car, conclude he was driving drunk and make an arrest.

In these cases, the defense may be able to argue that the defendant was not the driver or was not drinking prior to the accident. Sometimes the defendant will admit to driving the car. However, it is sometimes still possible to argue that the defendant began to drink after the accident, and never operated his vehicle while intoxicated. People v. Miller, 2014 IL App (2d) 120873.