Go to navigation Go to content
Toll-Free: (888) DUI-LWYR
Phone: (703) 361-6100
The Wilson Law Firm

Collision Avoidance Systems Can't Be Used as DUI Defense

Comments (0)

Collision avoidance systems have been proven to prevent accidents by compensating for driver errors or inattention. However, they are not designed to completely eliminate the risk of an accident or to allow you to take your eyes off the road. As such, you can still be charged with a DUI even if you believe your collision avoidance system should have prevented the accident.

About Collision Avoidance Symptoms

Collision avoidance systems rely on a number of sensors placed throughout the vehicle that work with cameras, lasers, and radar to determine if there are other cars, pedestrians, bicyclists, or inanimate objects in your path. When a problem is detected, the car will make a signal, such as beeping or flashing a special dashboard icon, indicating that the driver needs to take action. If the driver doesn't take control, the system can apply the brakes.

Blind spot monitoring, lane departure warning, drowsiness detection, and automatic parking assist are also available as part of some collision avoidance systems.

Liability in a Crash

Collision avoidance systems were once found only in top-of-the-line vehicles, but are now available in an increasing number of mainstream models. However, having a vehicle with this technology doesn't mean that you can get behind the wheel if you've had too much to drink. Collision avoidance symptoms are only tools, which means they still require input from an alert driver.

If you get in an accident with a BAC above the legal limit, you will be charged with a DUI regardless of what safety features are in your car. A malfunctioning collision avoidance system could be the basis of a product liability claim, but this would be a separate legal issue.

Building a Strong DUI Defense

While you can't argue that a collision is your car's fault, there are a number of defense strategies that can help you reduce or drop a DUI charge. For example:

  • The officer failed to adhere to the protocol for sobriety testing.
  • The blood alcohol test sample was contaminated.
  • You suffer from a medical condition that mistakenly gave the appearance of intoxication.
  • Your Miranda rights were violated or you were improperly interrogated.

If you've been charged with drunk driving, Virginia attorney T. Kevin Wilson can provide aggressive representation. Call today to schedule a free, no-obligation initial consultation.

Be the first to comment!

Post a Comment

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Message:*

Notify me of follow-up comments via email.

Live Chat