If you were charged with DUI after an accident in California, your circumstances could lead to a court case that results in harsh penalties. These may include time in jail, a prison sentence, costly fines, and a period of license restrictions.
The more severe the accident or the injuries caused by your actions, the greater the trouble you could find yourself in because California takes driving under the influence (DUI) seriously. This is especially true for drivers involved in motor vehicle collisions.
You can learn more about your potential charges by contacting a Los Angeles DUI lawyer who has experience representing people facing a charge of DUI with accident in California.
What to Expect Immediately After a DUI Accident in California
Police officers often arrive at the scene of a crash quickly. They will begin interviewing eyewitnesses and doing welfare checks on the people involved in the accident. As part of their welfare checks, they may notice signs of you being under the influence of alcohol.
Once that happens, they’re going to want to perform some tests to see if you are drunk or have been drinking. Depending on the results of blood alcohol content (BAC) testing, they may arrest you, resulting in DUI charges.
The police often take drunk drivers from the scene of the motor vehicle accident and transport them to the nearest station for processing or further tests.
How Do the Police Test for Alcohol at the Scene of an Accident?
Officers at the scene of the accident will often perform field sobriety testing or chemical tests, like a breath alcohol test. Legally, you may refuse a test before an arrest unless you’re on probation or under the age of 21.
Even if you refuse the officer’s tests, they can arrest you for a DUI. After an arrest, you can face an additional penalty for refusing a breathalyzer or field sobriety test on top of any other penalties you are also facing due to your DUI or other traffic infractions.
The officer may also request a blood or urine test. Due to California’s implied consent laws, you will likely have to comply with this type of test.
What Determines the Outcome of a DUI Accident in California?
The outcomes of a DUI accident depend on your charges following your arrest. Drivers who cause an accident that only results in property damage typically face standard DUI charges under CA Vehicle Code 23152 (a). Harsher charges might apply in the following situations.
Accidents Involving Injuries
Drunk drivers who cause accidents resulting in bodily injury may face charges under CA Vehicle Code 23153. This inevitably results in more severe penalties and a higher bail amount if you want to stay out of jail while awaiting trial.
This charge can apply to accidents involving minor injuries to at least one person, either in your vehicle or in another person’s vehicle. You will likely spend at least five days in prison for this charge, and you might lose your license for at least one year.
You can receive up to five years in state prison for each person seriously injured in the accident.
Accidents Resulting in Death
You’ll face the harshest penalties for DUI accidents resulting in fatalities. California may use charges like CA Penal Code 192 to prosecute this act. You should quickly contact a criminal defense attorney if you face any of these charges.
What Penalties Can You Face After Causing an Accident While Under the Influence?
In general, a prosecutor will seek harsher penalties for a DUI involving an accident than a DUI where no accident was involved. For example, the prosecutor may request that you spend the entire six months in jail for a DUI rather than the minimum of two days.
In addition, you’ll be liable for any injuries that you caused in the DUI accident. On top of the standard liability to pay for an injured person’s medical bills and lost wages, they may also seek punitive damages under California legislation.
These punitive damages will be charged against you—not your insurance company. This means you could face thousands of dollars in additional costs on top of those you’re already facing from the state.
Will You Lose Your License if You Were Charged With a DUI After an Accident in California?
DUI convictions result in license restrictions for drunk drivers. California has a statewide ignition interlock device (IID) program that may allow you to continue operating your motor vehicle after the installation of a testing device.
The IID tests your blood alcohol concentration each time you try to start your vehicle after a drunk driving accident. You must keep the device on your car for a set period, which varies based on the charges you face.
In other situations, you may face a total license suspension. Your lawyer can advise you further regarding the specifics of your circumstances.
How to Build a Defense When Charged With DUI After an Accident in California
In order to be charged with sentence enhancers for a DUI involving an accident, the prosecutor must be able to prove that these two factors are true:
- You were over the legal BAC limit of 0.08% at the time of the accident.
- Your actions directly caused the accident and all associated injuries.
You will likely face much less severe charges if they cannot prove those circumstances apply to your case. Prosecutors want to be able to charge you with the harshest penalties possible, even if the facts don’t fully support those charges.
A prosecutor may overlook many factors—including weather conditions or even which driver was actually responsible for the accident—to find you liable. That’s why you should reach out to a lawyer who can present the facts of the case fairly.
Many people ask, “Am I allowed to represent myself for DUI in court?” However, we highly advise that you hire a defense attorney with experience handling DUI cases instead of trying to defend yourself in court.
Contact a Los Angeles DUI Lawyer Today if You’re Facing DUI Charges in California
What happens if you were charged with a DUI after an accident in California? You may face harsh criminal charges resulting in jail time, a license suspension, and expensive fines, among other penalties.
Fortunately, you can work with an attorney who handles misdemeanor and felony DUI charges. Contact Los Angeles DUI Lawyer as soon as possible so we can connect you with an attorney who can explore your rights as the defendant in your case.
