Top 5 Mistakes to Avoid After a DUI Accident

Did you know that nearly 30% of all traffic-related deaths in the U.S. involve alcohol? After a DUI accident, what happens next can shape your future more than you think. Many people make mistakes in the hours and days after the crash that only make their situation worse.

In this article, we’ll walk you through the top 5 mistakes you must avoid after a DUI accident. From dealing with the police to protecting your legal rights, each step matters. By the end, you’ll know the key pitfalls to watch out for—and how to steer clear of them.

Mistakes to Avoid After a DUI Accident

Mistake #1: Talking Too Much at the Scene

When police arrive, many people feel the urge to explain everything. They hope honesty will make things better. In reality, giving details about where you were drinking or how much you had can severely hurt your case later.

You are legally required to share:

Your name
Your license
Vehicle registration
Proof of insurance

That’s it. Anything beyond that can wait until you speak with an attorney. The Fifth Amendment protects your right to stay silent. Use it. A calm, respectful line like “I’d like to speak with a lawyer” ends the questioning without creating more problems.

Mistake #2: Refusing All Testing

Refusing a breath or blood test often feels like the safer choice. It isn’t. Under implied consent laws, which exist in every state, refusal can trigger:

Immediate license suspension
Extra fines
Added jail time if convicted

For instance, California Vehicle Code § 23612 allows automatic suspension for anyone who refuses testing. Courts may also tell juries that refusal suggests guilt.

You don’t have to agree to every optional field test at the roadside, but flat-out refusing chemical tests usually backfires. It’s smarter to let your lawyer challenge the results later.

Mistake #3: Waiting Too Long to Call a Lawyer

After a DUI accident, the clock starts ticking fast. Many states give you only 10 days to request a DMV hearing. If you miss that window, your license could be suspended automatically—even before your criminal case begins.

Here’s what early legal help does for you:

Reviews test accuracy and police reports
Protects your rights in court and DMV hearings
Advises you on what to say (and not say)
Builds a stronger defense before evidence gets harder to fight

The sooner you get advice, the better your chances of limiting penalties.

Mistake #4: Ignoring Court or DMV Notices

It’s easy to focus only on the criminal charges, but DUI accidents often involve two separate processes:

Criminal court — where fines, jail time, and probation are decided.
DMV hearings — where your license status is on the line.

Skipping a court date can lead to a bench warrant. Missing a DMV deadline can mean automatic suspension. Both create lasting problems. Read every notice carefully, mark deadlines on a calendar, and follow through.

Mistake #5: Posting About the Accident Online

Posting about your case may feel like venting, but it’s one of the worst moves you can make. Prosecutors, insurance companies, and even opposing lawyers check social media for evidence.

A single comment like “I wasn’t that drunk” can appear in court. Photos or check-ins from the night of the accident can be used to argue against you. Until your case is over, stay quiet online.