Updated: 3 days ago
What damages are victims entitled to after DUI Accidents In California?
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 DUI Defense Attorney in Los Angeles 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 make traffic arrests based on the idea that a driver is drunk. The officer can sometimes tell this based on how badly the driver is driving. The officer may demand that the driver complete a field sobriety test to check for intoxication.
In most situations, an officer will ask for authorization to perform the tests. All examples involve walking in a straight line (heel-toe), standing on one foot while counting aloud, and letting the suspect follow a pen with their eyes. 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 driving illegal 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.
This does not rule out the likelihood of a driver being convicted even though his blood alcohol content (BAC) is less than 0.08. A police officer can testify to a driver’s erratic driving and may pull out CCTV and other supporting evidence of recklessness.
Consequences of DUI Accidents In California
They face harsh punishments that begin with probation and progress to community service, fines, and eventually prison time.
The driver’s prior convictions will determine the severity of the penalties. Is he a repeat offender? Was he driving at the time with a kid in the car? Was there any harm to the property? Was he behind the wheel of a commercial vehicle? Is someone dead? Was he old enough to drink legally?
There will be a simultaneous effect on the accused driving rights and criminal penalties. When drivers operate over the state limit for alcohol or fail to submit to drug tests, states grant their motor vehicle departments the authority to revoke their licenses. They can also impound vehicles and charge the driver for any expenses incurred as a result. What’s the best part? This happens before a DUI conviction. In most cases, a driver may seek a temporary driver’s license while arguing for their driving privileges to be restored in the meantime.
Many states now require penalized drivers to use a car interlock system (also known as an ignition interlock), which tests a driver’s blood alcohol concentration (BAC) and immobilizes the vehicle if it detects alcohol. The driver will be responsible for the interlock device's rental, installation, and maintenance, much as the car will be impounded.
What is an Ignition Interlock?
When it comes to a first-time offender with a BAC of.20 or higher, the judge must heavily consider this decision before enforcing this sentence. If the judge orders the restriction, the length of time will be decided by the judge, but it will not be more than three years.
An individual who is convicted of a second DUI within the last ten years may be given a restricted driver’s license (if they apply), which allows them to drive only if the vehicle is fitted with an ignition interlock system. Second-time offenders can only apply for this restricted license after serving a suspension or revocation period of 12 months. If the application is approved, the restriction will be in place for at least the remainder of the suspension.
Laws Related To DUI Accidents In California
The conditions for driving under the influence (DUI) and driving while intoxicated (DWI) in California differ. The driver’s age determines the fee and whether the car is personal or commercial. You will be charged with DUI or DWI in the state if you are:
Over the age of 21, with a blood alcohol concentration (BAC) of 0.08 percent or higher
Under the age of 21 and with a blood alcohol concentration (BAC) of 0.01 percent or higher
Operating or driving a commercial vehicle with a blood alcohol content (BAC) of 0.04 percent or higher is illegal.
For drivers under the age of 21, California has a zero-tolerance blood alcohol policy. Drivers in this age group that are found to have some amount of alcohol in their system will be charged with DUI.
A DUI charge involves driving while inebriated and driving after consuming illicit drugs. Suppose they drive and are flagged or trigger an accident when taking over-the-counter or prescription medication with known side effects such as sleepiness, disorientation, general impairment, and similar conditions. In that case, they may be prosecuted for DUI.
Contact a Los Angeles DUI Defense Attorney to build the best case for you. The more evidence you have, the better you'll be able to forward your claim.
For Commercial Drivers
The first time a commercial driver commits a DUI, they may be barred from driving a commercial vehicle for one year, in addition to other penalties as per California’s DUI laws. The revocation period would be three years if the DUI was committed while the driver was in a motor vehicle carrying dangerous materials. If a commercial driver is convicted of a second DUI, they may be banned from running a commercial vehicle for the remainder of their life, which may or may not be shortened to ten years.
For Driving Under the Age of 21
An individual under the age of 21 is prohibited from driving with a blood alcohol concentration (BAC) of.01 or higher under California’s Zero Tolerance Rule. While nothing prevents an underage DUI driver from being charged under adult DUI rules, first-time offenders over the age of 18 will have their driving privileges revoked and will be required to complete an alcohol education program. After presenting evidence of successful program completion, the offender’s driver’s license may be restored.
What Happens if You Were Injured in a DUI Incident?
If you were injured directly by someone driving under the influence, you might have a solid Personal Injury claim.
When someone hurts or injures someone else, usually because they didn't act with reasonable care or caution in a given situation, the person hurt can file a personal injury lawsuit. Any personal injury case will have its own set of factors, and it can be challenging to determine how each person will treat a claim.
However, most cases of injuries caused by DUI accidents in California are pretty straightforward. Suppose the defendant is found to be illegally driving under the provisions of California Law, and their negligence has to lead to any of your injuries. In that case, you already have a strong claim. However, the types of compensation you are entitled to collect are solely dependent on how the case is handled in court.
In this context, negligence is characterized as one party’s failure to uphold a duty of care in a given case, and it is a critical component of any personal injury litigation. The negligent party’s insurance policy is usually responsible for the victim’s pain and suffering, medical costs, and ongoing medical expenses.
Make sure to contact a prescreened Los Angeles DUI Lawyer to make sure you have a solid case and get the compensation you deserve.
What Constitutes a Personal Injury Claim?
You could be entitled to file a complaint if you were injured or hurt due to someone else’s negligence, carelessness, or misconduct.
Negligence in Personal Injury Cases
The term “negligence” is most often described as the inability to exercise appropriate caution. To win a personal injury case, a plaintiff or survivor and their Los Angeles Personal Injury Lawyer must prove that the defendant in the claim was liable for indirectly causing the plaintiff’s injuries.
It’s important to identify the breach of duty of care and include a thorough breakdown of all costs resulting from the breach. One of the most critical aspects of securing full compensation in your lawsuit is proving the other party’s responsibility in the case. Most accident and injury cases would hinge on demonstrating the defendant's negligence.
However, a DUI, if proven after an investigation, is already considered an act of negligence. After this, the next step would be to calculate and quantify the damages you need to be compensated for.
Your California Attorney For Personal Injury will warn you of any circumstances in your case that can make the legal process more complicated as you establish your personal injury claim. Personal injury claimants in California face several problems, including unpredictable liability among various parties and comparative negligence.