California takes driving under the influence (DUI) seriously, especially for drivers involved in motor vehicle collisions. What happens if you were charged with a DUI after an accident in California?
DUI charges involving a crash often lead to a court case that could result in harsh penalties, including time in jail or prison, high fines, and a period of restrictions on your license. The more severe the accident or the injuries it caused, the greater the trouble you could face.
You can learn more about possible charges in this situation with a Los Angeles DUI lawyer. Call or fill out our online contact form for additional information.
What Happens 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 if you are 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.
Drunk drivers are often taken by the police from the scene of the motor vehicle accident, potentially resulting in jail time.
How Do the Police Test for Alcohol?
Officers at the scene of the accident will test for alcohol using field sobriety testing or a chemical test, like a breathalyzer. Legally, you may refuse a test before an arrest unless you’re on probation or under 21. You must comply with these tests after an arrest.
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 may face from the DUI or other traffic infractions.
The officer may also request a blood or urine test, which you will likely have to comply with because of California’s implied consent laws.
Your Charges Determine What Happens After a DUI Accident
The outcomes of a DUI accident depend on the charges you face 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). You may face harsher charges for:
Accidents Involving Injuries
Drunk drivers who cause accidents resulting in bodily injury may face charges under CA Vehicle Code 23153 (Driving Under the Influence of Alcohol or Drugs Causing Injury), resulting in more severe penalties and a higher bail amount if you want to stay out of jail while waiting for your trial.
This charge can apply to accidents involving minor injuries to at least one person in your vehicle or another person’s vehicle. You will receive at least five days in prison for this charge and may lose your license for at least a year.
You can receive up to five years in state prison for each person seriously injured in the accident.
Accidents Resulting in a Death
You face the harshest penalties for DUI accidents resulting in fatalities. California may use charges like CA Penal Code 192 (Vehicular Manslaughter) to prosecute this act. Contacting a criminal defense attorney quickly is essential if you face any of these charges.
What Penalties Do You Face for a DUI Involving an Accident?
In general, a prosecutor will seek harsher penalties for a DUI involving an accident than a DUI where there was no accident involved. For example, the prosecutor may request that you spend the entire six months in jail for a DUI rather than a minimum of two days.
In addition, you face additional liability for any injuries caused in a 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 and not your insurance company, meaning you can face thousands of dollars in additional costs in addition to those you receive from the state.
Will You Lose Your License for a DUI Causing an Accident?
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 of time, which varies based on the charges you face.
In other situations, you may face a total license suspension. Experienced attorneys can tell you more.
Can You Build a Defense After a DUI Accident?
In order to be charged with sentence enhancers for a DUI involving an accident, the prosecutor must be able to prove that you were both over the legal BAC limit of 0.08% and that your actions caused the accidents and injuries. You will likely face much less severe charges if they can’t prove that.
Prosecutors want to be able to charge you with the harshest penalties possible, even if the facts don’t fully support those charges. Your best bet is to have a skilled DUI attorney who can present the facts of the case fairly.
A prosecutor may overlook many factors, including weather conditions or even which driver was actually responsible for the accident. A defense lawyer can help you face these criminal charges head-on, building a solid case on your behalf.
Find Out What Happens with Charges for a DUI Causing an Accident 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, fines, and other penalties. Fortunately, you can work with an attorney to handle misdemeanor and felony DUI charges.
Find out more about your situation by calling or completing our online contact form.
