Waking up 4hrs after wreck...not around the wreck

[Hank3]

Texas

I woke up in a parking lot around 3am not knowing where I was, or how I got there. Had no keys on me and my car was no where in sight. I walked to a gas station that was open and called my wife to come get me. We had gone back to where I was and my car was not there. We went to the police station to report it missing. They informed me it had been in an accident and where I described me waking up was about 6 blocks away from where the accident was. Based on my injuries they said it appeared I had been the one driving the vehicle. The wreck was called in at 11:07pm. They pulled blood at 6am to check bac levels and toxicology checking if I had been drugged. I have no memory of ever driving my vehicle at all. What are the chances of retrograde expolation and the fact that 7hrs had passed from the accident and I was no where around the accident when they arrived on scene.

 

[Just Blue]

Texas

I woke up in a parking lot around 3am not knowing where I was, or how I got there. Had no keys on me and my car was no where in sight. I walked to a gas station that was open and called my wife to come get me. We had gone back to where I was and my car was not there. We went to the police station to report it missing. They informed me it had been in an accident and where I described me waking up was about 6 blocks away from where the accident was. Based on my injuries they said it appeared I had been the one driving the vehicle. The wreck was called in at 11:07pm. They pulled blood at 6am to check bac levels and toxicology checking if I had been drugged. I have no memory of ever driving my vehicle at all. What are the chances of retrograde expolation and the fact that 7hrs had passed from the accident and I was no where around the accident when they arrived on scene.

Had you been drinking before the accident?

 

[quincy]

Texas

I woke up in a parking lot around 3am not knowing where I was, or how I got there. Had no keys on me and my car was no where in sight. I walked to a gas station that was open and called my wife to come get me. We had gone back to where I was and my car was not there. We went to the police station to report it missing. They informed me it had been in an accident and where I described me waking up was about 6 blocks away from where the accident was. Based on my injuries they said it appeared I had been the one driving the vehicle. The wreck was called in at 11:07pm. They pulled blood at 6am to check bac levels and toxicology checking if I had been drugged. I have no memory of ever driving my vehicle at all. What are the chances of retrograde expolation and the fact that 7hrs had passed from the accident and I was no where around the accident when they arrived on scene.

Was anyone else involved in the accident, any injuries, or was this a single car accident, property damage?

You are probably going to need an attorney, sooner rather than later. You should not say anything to the police about what you remember or don't remember. Don't speak to the police at all. You should only talk to the attorney you hire.

 

[Hank3]

Had you been drinking before the accident?

Earlier in the night, yes.

 

[Hank3]

Was anyone else involved in the accident, any injuries, or was this a single car accident, property damage?

You are probably going to need an attorney, sooner rather than later. You should not say anything to the police about what you remember or don't remember. Don't speak to the police at all. You should only talk to the attorney you hire.

Single car, few street signs. As far as I know no one else in car if I was driving. I legitimately thought upon waking I had been carjacked.

 

[Just Blue]

Earlier in the night, yes.

Listen to Quincy's advice.

 

[Just Blue]

Single car, few street signs. As far as I know no one else in car if I was driving. I legitimately thought upon waking I had been carjacked.

What was your BAC?

 

[quincy]

Single car, few street signs. As far as I know no one else in car if I was driving. I legitimately thought upon waking I had been carjacked.

A "few" street signs? That's not good.

You really need a medical examination ... and a lawyer.

 

[Hank3]

What was your BAC?

Haven't gotten the results back. Was done 6am Monday.

 

[quincy]

Haven't gotten the results back. Was done 6am Monday.

Well ... someone apparently called in the accident. There might have been witnesses, if not to the accident itself then perhaps to you walking away from it.

The BAC may or may not help the police.

Good luck.

 

[Hank3]

Well ... someone apparently called in the accident. There might have been witnesses, if not to the accident itself then perhaps to you walking away from it.

The BAC may or may not help the police.

Good luck.

My question is, if the bac comes back in their favor, who's to say that drinking AFTER the accident occurred?

 

[quincy]

My question is, if the bac comes back in their favor, who's to say that drinking AFTER the accident occurred?

Essentially YOU were the one who said that.

You cannot claim you woke up in a parking lot 6 blocks away from the scene of the car accident with no memory and then say you were drinking after the accident.

Don't try to create a defense for yourself. Don't say anything to anyone but the attorney you hire.

 

[xylene]

Do you have a history of blackout drinking?

 

[Taxing Matters]

My question is, if the bac comes back in their favor, who's to say that drinking AFTER the accident occurred?

You'll need to see all the evidence the state has should you be charged with DUI. But your fundamental problem is that you had a single car accident hitting street signs and who knows whatever else, you evidently left the car and then claim you blacked out and woke up 6 blocks from the accident scene. If black out is what you told the cops then that along with the BAC test result showing you had been drinking will lead to a reasonable conclusion that the reason you had the accident was due to the drinking. Single car accidents in good weather with evidence of drinking is not a good fact pattern for you. In addition to that, to make the case that you had been drinking after the accident one would have expected evidence of it in the form of recently opened alcohol containers. If there were none in the area then you have a problem explaining where the alcohol you drank came from.

You really need an attorney for this if you get charged with an offense. If you handle it on your own you are not likely to fare very well. These are not simple matters to defend.