Handling Accidents Involving Multiple Drivers Under the Influence

According to the Total Court Services interactive mapping tool, Oakland County had 3,619 DUI arrests in 2022. This was the second highest in the state.

What’s more, Oakland County has some of the strictest law enforcement officers and judges in the state. Especially those connected with the 52-2 District Court system in Clarkston.

From White Lake to Holly Township to the Village of Ortonville, the law takes DUI charges seriously. And when dealing with accidents involving multiple drivers under the influence, it’s even more complicated. This is when an experienced Oakland County DUI attorney is essential for those who need a professional legal defense.

The Journey from DUI Arrest to Conviction

When someone is arrested with a DUI charge in the Clarkston area, it sets a complex legal process in motion. Throughout the process, the accused has the right (and is well advised) to work with an experienced DUI attorney.

First, the officer detains the suspect and usually transports them to the police station or a medical facility where they’ll receive further testing. 

Eventually, the suspect is processed at the police station where they will likely be fingerprinted and photographed. Depending on the severity of the DUI charges, they are either released or held until arraignment.

The suspect is then requested to appear in court where he or she is formally charged and enters a plea. The next phase involves pre-trial proceedings. At this point, a skillful Oakland County OWI lawyer will have built a strong defense for the suspect that may include plea negotiations, motions to suppress evidence or other legal maneuvers.

If no plea agreement is reached, the case goes to trial. Depending on several factors, the case goes to a judge or a jury who then determines innocence or guilt. In the case of conviction, one of the judges at the 52-2 District Court will impose penalties. These may include fines, jail time, driver’s license suspension, community service, and other requirements.

What About Cases Involving Multiple Drivers Under the Influence?

As straightforward as the above process is, when there are multiple drivers under the influence it can add a considerable wrinkle when it comes to plea agreements, convictions, and damages in cases of injury or death.

To address this issue, Michigan passed a special state statute back in 1996. The statute states that in cases of death or injury, if the victim’s intoxication was more than 50% of the reason for the injury or death, then it’s considered absolute defense. In this situation, the statute bars any claims.

If, however, the victim’s intoxication is found to be less than 50% of the cause, the recovery they receive in a civil case is reduced by the percentage of their fault.

For example, let’s say an intoxicated driver in Groveland Township is injured in an accident by another intoxicated driver in Springfield Township. If the accident damages were determined to be $500,000 and the judge or jury concluded their intoxication was 40% of the reason for the accident, then the Groveland Township driver would receive $300,000 for damages ($500,000 [total damages] minus $200,000 [40% their fault]).

This is known as comparative negligence. And what makes it so tricky is that resolving fault is difficult, to say the least. Even with the most experienced attorneys fighting for the suspect. In cases where a resolution can’t be found, it’s up to a judge or jury to determine the percentage.

Insist on Only the Most Experienced DUI Attorney for Your Case

If you’re facing a DUI charge involving multiple drivers under the influence, you need to contact an Oakland County DUI/OWI attorney immediately.

Attorney José Fanego wants to hear from you. So contact us or call (248) 645-1400 today.

With over three decades of experience, José Fanego has vast experience on both sides of the courtroom, which gives him an edge when creating the strongest DUI defense strategy for you.