{"id":5166,"date":"2019-12-14T23:31:15","date_gmt":"2019-12-14T23:31:15","guid":{"rendered":"http:\/\/www.markagallagher.com\/socaldefenselawyers\/california-dui-accident\/"},"modified":"2020-10-30T20:26:20","modified_gmt":"2020-10-30T20:26:20","slug":"california-dui-accident","status":"publish","type":"post","link":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/california-dui-accident\/","title":{"rendered":"5 things you need to know if you were in a California DUI accident"},"content":{"rendered":"

\"5<\/a>A California DUI accident is a life changing event.\u00a0 \u00a0Mothers Against Drunk Driving reports that 29 people die every day<\/a> from a DUI accident.\u00a0 The driver accused of driving under the influence in a DUI accident will face serious criminal charges.\u00a0 \u00a0A victim struck by a drunk driver will often face extreme injuries or even death and life lasting emotional trauma.\u00a0 \u00a0Passengers, witnesses, and family members will all feel the lasting effects of a DUI accident.<\/p>\n

1-The Victims Hit by a Drunk driver in a DUI accident will have a solid basis for a civil lawsuit\u00a0<\/h1>\n

The victims of a DUI accident will have a strong legal claim for all damages caused by the alleged drunk driver.\u00a0 \u00a0The insurance company representing the drunk driver is well aware of the potential financial exposure in these cases and they will often push the victims to settle quickly to minimize the damages.\u00a0 \u00a0If you are the victim of a drunk driving accident, you should contact a California Personal injury lawyer immediately.\u00a0 \u00a0An experienced personal injury lawyer can help make sure that you receive the proper medical care quickly regardless of your financial situation.<\/p>\n

Injuries resulting from a car accident can last a lifetime.\u00a0 Sadly I speak from experience as I was the victim of drunk driver in 1997.\u00a0 Many injuries that result from sudden impact such as injuries to the back, neck, or internal injuries can take months or even years to fully manifest themselves.\u00a0 Do not deal directly with a representative from the insurance company of the alleged drunk driver.\u00a0 The insurance company does not have your best interest in mind.<\/p>\n

If you need help locating an experienced California personal injury attorney, call me at 800-797-8406 and I can put you in touch directly with some of the best lawyers in California.\u00a0 These cases are taken on a contingency basis so there is no need to pay any legal fees up front.\u00a0 If you have been hurt by a drunk driver, call me now at 800-797-8406.<\/p>\n

2-The Alleged Drunk Driver in a California DUI accident will be charged in Criminal Court<\/h1>\n

California Vehicle Code Section 23152 and 23153 are the charges most frequently filed following a DUI accident.\u00a0 VC 23152 will be used for cases where there are no injuries caused by the driver.\u00a0 \u00a0This a misdemeanor charge that can result in jail time of up to six months in jail for a first offense and up to one year in the county jail if the driver has prior convictions.\u00a0 \u00a0Enhancements and other related charges can add to the potential jail time.<\/p>\n

California Vehicle Code Section 23153 will be used for cases where there are injuries caused by the driver.\u00a0 This charge is known as a “wobbler” under California law because it can be prosecuted as either a misdemeanor or a felony.\u00a0 \u00a0The extent and nature of the injuries sustained will usually be the primary factor in determining whether the case proceeds as a misdemeanor or felony.\u00a0 Other factors include prior criminal history, blood alcohol level, driving pattern, and any other factor that may persuade the District Attorney or Judge to believe that the conduct is felonious.\u00a0 Accidents causing serious injuries will also result in the filing of an enhancement for causing what is known as Great Bodily Injury or GBI pursuant to PC 12022.7.\u00a0 If this enhancement is found true, it can add an additional and consecutive 3 year prison sentence.\u00a0 \u00a0Further, the GBI allegation will elevate the DUI charge to a serious and\/or violent felony, making the case subject to the enhanced sentencing structure of the California 3 strikes law under PC 667 and 1192.<\/p>\n

A DUI accident causing death can result in charges for vehicular manslaughter or even murder.\u00a0 \u00a0Murder charges for a DUI accident in California are becoming increasingly common pursuant to the “Watson” theory.\u00a0 \u00a0All California courts<\/a> now routinely give the “Watson advisement” to any defendant convicted of a DUI.<\/p>\n

I have been advised that being under the influence of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle.\u00a0 Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol, or drugs, or both.\u00a0 If I continue to drive while under the influence of alcohol or drugs, or both, and as a result of that driving someone is killed, I can be charged with murder<\/em><\/p>\n

If you have been accused of being the driver in a DUI accident, please contact me immediately at 800-797-8406 to discuss your legal rights as the consequences you face in the California legal system can be severe.\u00a0 \u00a0You can also visit my website here<\/a>, or email me directly at attorneygallagher@gmail.com.<\/p>\n

3-The Alleged Drunk Driver in a California DUI accident will face loss of driving privileges with the California DMV<\/h1>\n

The length of time that you will lose your license after a DUI accident will vary greatly from case to case.\u00a0 \u00a0Even a first time DUI conviction with no accident will trigger a 6 month suspension under California law.\u00a0 \u00a0A conviction for DUI causing injuries will carry a minimum one year suspension, and of course serious accidents causing great bodily injury (GBI) or causing death will result in more lengthy penalties.<\/p>\n

In addition to the license penalties imposed as the result of a conviction in criminal court, California drivers are also subject to license suspension or revocation at the DMV level through California’s admin per se laws.\u00a0 \u00a0These laws will trigger an automatic suspension process that is independent of the criminal court proceedings.\u00a0 \u00a0In the case of a DUI accident, the California DMV may also choose to proceed with a revocation hearing if there is a finding the the driver’s conduct resulted in serious injuries or death to another party.\u00a0 \u00a0These so called “fatality” hearings are increasingly common in California in recent years, even in cases that do not result in a death.<\/p>\n

4-Passengers in any of the vehicles involved as well as family members will also have civil claims<\/h1>\n

The passengers in any vehicle involved in the accident as well as injured bystanders, pedestrians, cyclists, or witnesses have a claim as well.\u00a0 Even if you were the friend, family member or passenger of the alleged drunk driver, you have the legal right to be compensated for your damages.\u00a0 \u00a0Any parent or legal guardian of a minor child involved in a DUI accident can bring a civil claim on behalf of the child.\u00a0 Surviving family members can bring an action for wrongful death on behalf of anyone killed in a DUI accident.<\/p>\n

If you aren’t sure if you have a claim as the result of DUI accident in California, give me a call at 800-797-8406.\u00a0 I can offer you a free consultation to help determine if you have a potential claim.\u00a0 If you have the potential to recover damages, I can put you in direct contact with an excellent personal injury lawyer who specializes in DUI accidents.<\/p>\n

5-The entire community is affected by a California DUI accident<\/h1>\n

A DUI accident is a tragic and avoidable event.\u00a0 \u00a0Family members, co-workers, neighbors, and other loved ones all suffer after this kind of accident.\u00a0 Unfortunately the only person with the power to make the accident avoidable is the person driving under the influence.\u00a0 \u00a0If you drink, please don’t drive.\u00a0 In 2018, more than 75% of adults own a smartphone.\u00a0 \u00a0Download an UBER,<\/a>LYFT<\/a>, or\u00a0yellowcab<\/a> app and you can literally avoid this tragic situation with the push of one button.<\/p>\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

A California DUI accident is a life changing event.\u00a0 \u00a0Mothers Against Drunk Driving reports that 29 people die every day from a DUI accident.\u00a0 The driver accused of driving under the influence in a DUI accident will face serious criminal charges.\u00a0 \u00a0A victim struck by a drunk driver will often face extreme injuries or even…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[19,5,257],"tags":[],"class_list":["post-5166","post","type-post","status-publish","format-standard","hentry","category-california-criminal-law-blog","category-california-dui-law-blog","category-california-personal-injury-accident-legal-lawyer-attorney-blog"],"_links":{"self":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/5166","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/comments?post=5166"}],"version-history":[{"count":1,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/5166\/revisions"}],"predecessor-version":[{"id":5260,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/posts\/5166\/revisions\/5260"}],"wp:attachment":[{"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/media?parent=5166"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/categories?post=5166"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.markagallagher.com\/socaldefenselawyers\/wp-json\/wp\/v2\/tags?post=5166"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}