Updated: Apr 11
What damages are victims entitled to after DUI Accidents In California? Consult a Los Angeles DUI Attorney ASAP.
DUI, or “driving under the influence,” is one of the leading causes of traffic accidents in California and the United States. Alcohol impedes multiple body functions, including one’s ability to see or discern their surroundings.
That said, let's look at your options after getting into an accident with a drunk driver. Here's what you and your Los Angeles DUI Attorney can do about it.
This endangers the driver and the passengers, and the people who might be hurt when the DUI leads to a car crash. Whether you are a passenger of a drunk driver or are in another car that’s been crashed into, any injuries you might come away with are grounds for a Personal Injury case.
What’s Being Done About Drunk Drivers?
Sobriety checks are used to assess whether or not someone is intoxicated. On rare occasions, police officers will conduct traffic arrests on the presumption that a driver is drunk (the officer can sometimes discern this from a suspected driver’s terrible driving). The officer may demand that the driver complete a field sobriety test to check for intoxicated for intoxication.
In most situations, an officer will ask for authorization to perform the said tests. Walking in a straight line (heel-toe), standing on one foot while counting aloud, and letting the suspect following a pen with their eyes are all examples. The officer might use a Breathalyzer, or in some cases, take the suspected driver to a hospital for a urinalysis.
Can a Driver Refuse?
Drivers may refuse to take these exams, but there are legal implications under the “implied consent” rules. The premise is that by signing papers to register for a driver’s license and then driving on the road, drivers have consented to alcohol and chemical tests if they are stopped by law enforcement.
They will face penalties if they fail to agree to such testing, which varies from state to state. In Massachusetts, for example, a six-month license suspension is compulsory, but this does not imply liability in the event of a court case.
Any driver with a BAC of 0.08 or higher is considered illegal to drive in all states. This means that no additional evidence is needed. This is what the district attorney needs to charge them with driving under the influence.