February 11, 2012
/24-7PressRelease/ -- DUI Charged in West Virginia Coal Truck Accident
A recent head-on collision between two coal trucks was the result of one driver operating the vehicle under the influence of drugs, local law enforcement authorities reported. The driver charged with DUI, Joseph Webb, had two drugs in his system at the time of the accident, OxyContin and Suboxone. Oxycontin (a variant of Oxycodone) is an opiate-based pain medication, while Suboxone is used to treat opiate addiction.
The accident occurred on Cabin Creek Road in Kanawha County. The driver under the influence of drugs swerved into the other lane, striking another coal truck. After the collision the trucks sideswiped and the beds became hitched to each other, spilling tons of coal onto the road. The other driver was seriously injured and treated at a nearby hospital. Cabin Creek road was shut down for the remainder of the day. Webb was uninjured.
Driving under the influence of drugs, even if legal or prescribed by a physician, is against the law in West Virginia. While drugs such as OxyContin do not have a certain presumed intoxication level, such as alcohol's blood alcohol content limit of 0.08, law enforcement officers may still arrest a driver on suspicion of DUI if the officer has a reason to suspect intoxication. While blood tests (which were used in this case) can be used as evidence to establish DUI, other factors also can be weighed when charging someone with a DUI. Erratic driving, traffic violations or accidents, as occurred in this case, can bring about a DUI charge.
DUI Penalties in West Virginia
In this case, police charged Webb with DUI and DUI causing injury. A first-time DUI in West Virginia can mean a 15 day license suspension, hundreds of dollars in fines and potential jail time. A DUI also means a possible installation of an ignition interlock, a device which the driver must blow into to establish sobriety before the car will start.
In tragic cases where the suspected intoxicated driver injures or kills another person, that driver may face felony charges.
If you are facing a DUI or DUI causing injury, you need to know your rights and protect yourself in court. Whether your DUI charges result from drunk driving or prescription medication, contact an experienced DUI defense lawyer immediately.
Article provided by Montagna & Montagna, P.C. Visit us at http://www.montagnalaw.com
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