What Happens if BOTH Drivers are Drunk in a Crash?

The first thing you need to realize is that two DUIs don’t “cancel each other out.”

If you’re driving drunk, one of the worst things that can possibly happen is a crash. Unfortunately, the likelihood of this happening is actually quite high – especially since your judgement, coordination, and reflexes will all be impaired. And if this happens, you might encounter significant legal issues, as well as potential injuries. But what happens if the person you crashed into was also drunk behind the wheel?

While this is perhaps not the most common dilemma in the world, it is more common than you might think. To get clear answers and legal advice, you should consult with an attorney as soon as possible. But we know what you’re thinking: “Where can I find attorneys near me?” The answer is quite simple: There are many Chandler accident lawyers near you, and many of these legal professionals are standing by as you read this article. To get help, all you need to do is reach out and book a consultation. 

You Will Be Charged with a DUI

The first thing you need to realize is that two DUIs don’t “cancel each other out.” If you were driving while intoxicated, you will be charged with a DUI – period¹. It doesn’t matter if both drivers were drunk. This could be a relatively minor issue if it’s your first DUI and there were no major injuries, or it could be felony if you have committed prior DUIs and you caused serious injuries. 

Comparative Negligence in Arizona

It’s also important to remember that Arizona follows a system of “pure comparative negligence” when dealing with car accidents². This means that you can recover compensation for your injuries even if you were partly to blame for the accident. In fact, you could theoretically recover compensation even if you were 99% responsible for the accident.

Now, you might assume that if two drunk drivers got into a crash, they would each be considered 50% negligent. However, being drunk is not the only relevant factor when determining negligence. If you take alcohol out of the equation, it often becomes clear that one driver was more responsible for the crash than the other. 

For example, you might have been stopped at a stop sign when you were rear-ended by a drunk driver. Even though you might have failed the breathalyzer test, you clearly didn’t cause the accident. As such, you might be able to recover compensation for this accident, despite the fact that you were driving in a negligent manner due to being intoxicated. 

Where Can I Find an Attorney Near Me?

If you’ve been searching for Chandler DUI or DWI lawyers near you, there are many professionals who are standing by to help. With their help, you can approach the various legal ramifications of your accident in a confident, efficient manner. Not only can you fight criminal charges with the help of an attorney, but you can also potentially pursue a settlement to help with your various damages, including medical expenses and missed wages. Book your consultation today to get started. 

Sources:

1. https://azdot.gov/motor-vehicles/driver-services/driver-improvement/driving-under-influence-dui#:~:text=First%20offense%3A%20You%20will%20be,ordered%20to%20perform%20community%20service.
2. https://www.azleg.gov/ars/12/02505.htm