DUI Lawyer | Joel Brand, Esq.

DUI Involving a Collision

Driving under the influence (DUI) is a serious offense in California, but when a DUI involves a collision, the legal consequences can be even more severe. A collision while under the influence not only heightens the gravity of the charges but also introduces additional legal complications such as potential civil liabilities and enhanced penalties. This article will explore the legal ramifications, penalties, and defenses associated with DUI charges involving a collision in California.

Legal Framework

California law defines DUI offenses under California Vehicle Code Sections 23152 and 23153. Section 23152 covers the basic offenses of driving under the influence of alcohol or drugs, while Section 23153 addresses cases where the DUI results in bodily injury to another person.

California Vehicle Code Section 23152

Under Section 23152, it is unlawful for a person to drive a vehicle:

  • With a blood alcohol concentration (BAC) of 0.08% or higher (23152(b)).
  • Under the influence of alcohol (23152(a)).
  • Under the influence of any drug (23152(f)).
  • Under the combined influence of alcohol and any drug (23152(g)).

California Vehicle Code Section 23153

Section 23153 enhances DUI charges when a collision results in bodily injury:

  • Driving under the influence of alcohol or drugs and causing bodily injury to another person (23153(a)).
  • Driving with a BAC of 0.08% or higher and causing bodily injury to another person (23153(b)).

Penalties for DUI Involving a Collision

The penalties for a DUI involving a collision can be severe and may include:

  1. Misdemeanor Charges:
    • For a first-time DUI involving a minor collision without significant injuries, the offense is usually charged as a misdemeanor.
    • Penalties may include fines, probation, mandatory DUI education programs, and a possible jail sentence.
  2. Felony Charges:
    • If the collision results in significant injuries or if the driver has prior DUI convictions, the offense may be charged as a felony.
    • Felony DUI involving a collision can lead to substantial fines, longer jail or prison sentences, longer DUI education programs, and extended license suspension or revocation.
  3. Aggravating Factors:
    • Factors such as driving with a very high BAC, causing serious injuries, or having children in the vehicle can lead to enhanced penalties.
    • The presence of aggravating factors may result in longer jail sentences, larger fines, and stricter probation conditions.

Civil Liability

In addition to criminal penalties, a driver involved in a DUI collision may face civil liability. Victims of the collision can file a personal injury lawsuit seeking compensation for:

  • Medical expenses.
  • Lost wages.
  • Pain and suffering.
  • Property damage.

Defenses in DUI Collision Cases

Defending against a DUI charge involving a collision requires a comprehensive understanding of the legal landscape and a strategic approach. Some potential defenses include:

  1. Challenging the Traffic Stop:
    • If the initial traffic stop was unlawful, any evidence obtained during the stop, including BAC results, may be inadmissible in court.
  2. Questioning BAC Results:
    • BAC results can be challenged on various grounds, including improper calibration of testing equipment, improper administration of the test, or physiological factors affecting BAC levels.
  3. Proving Lack of Impairment:
    • The defense may present evidence that the defendant was not impaired at the time of the collision, such as witness testimony or expert analysis.
  4. Causation:
    • The defense can argue that the collision was not caused by the defendant’s impairment but by other factors, such as road conditions, mechanical failure, or the actions of another driver.

Legal Process

  1. Arrest and Booking:
    • Following a DUI collision, the driver will be arrested, booked, and subjected to chemical testing to determine BAC levels.
  2. DMV Hearing:
    • The driver has ten days from the arrest date to request a DMV hearing to challenge the administrative license suspension.
  3. Arraignment:
    • The driver will appear in court for arraignment, where they will be formally charged and enter a plea.
  4. Pre-Trial Proceedings:
    • Pre-trial proceedings involve discovery, negotiations for plea bargains, and potential motion hearings to challenge the admissibility of evidence.
  5. Trial:
    • If the case goes to trial, both the prosecution and defense will present evidence and arguments. The jury will determine the defendant’s guilt or innocence.

Conclusion

DUI charges involving a collision in California carry significant legal consequences and complexities. The combination of criminal penalties, potential civil liability, and the need for a robust defense strategy underscores the importance of seeking experienced legal representation. Understanding the legal framework, potential defenses, and the legal process can help individuals navigate these challenging cases.

Citations

  1. California Vehicle Code Section 23152: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152
  2. California Vehicle Code Section 23153: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23153
  3. California DMV DUI Process: https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/administrative-hearings/
  4. California DUI Penalties: https://www.dmv.ca.gov/portal/driver-licenses-identification-cards/administrative-hearings/admin-per-se-implied-consent-penalties/