The criminal and civil consequences
(Sacramento, Calif.) – November 11th, 2015 – Statistics on drunk driving accidents by the Centers for Disease Control and Prevention say that as many as 30 people are killed every day in an accident involving an alcohol-impaired driver. In 2013, 10,076 people were killed in drunk driving crashes and accounted for 31% of all traffic related fatalities.
These figures do not include those who were injured because of drunken driving. In the same year, according to the National Highway Traffic Safety Administration, California accounted for 867 of those fatalities. The crime does not even spare children, one in six traffic deaths of children is caused due to drunken driving.
DUI may lead to both criminal and civil charges
Due to such alarming numbers, legislators have tightened up the laws and punishments surrounding drunken driving, where the consequences of a DUI charge are much more serious than they were in previous years. According to Sacramento, CA drunk driving accident lawyers, DUI offenders may be subjected to both criminal and civil prosecution.
This is why this site was built! The police in Sacramento are also known for giving out drunk driving tickets not because they are deserved but because the city and the state is broke. This is another form of taxation.
To begin with, state prosecutors will file criminal charges depending on the seriousness of the crime. The offender may be charged with a first offense DUI, or DUI manslaughter, repeat DUI, felony DUI, depending on the circumstances.
Punishments include prison terms, hefty fines, and the installation of an ignition interlock device. A drunk driving offender will also be made to wear an ankle bracelet, perform community service, face probation, and other punishments directly proportional to the severity of the crime. On the other hand, victims of the DUI related accident are eligible to seek compensation for economic, non-economic, and other damages, and may do so by filing a civil lawsuit against the suspect or his or her auto insurance company.
What constitutes a DUI?
According to California drunk driving accident attorneys, driving under the influence as described by laws in a majority of states is when a person operates a motor vehicle with a blood alcohol content higher than 0.08% BAC. However, in cases of commercial drivers and underage or teenage drivers, the limits are lower, where anyone found driving a commercial vehicle with a BAC of .04% is liable to be charged with DUI. The limit for underage drivers is .02%.
In addition, anyone found driving under the influence of a sedative, psychoactive, or recreational drug known to inhibit motor skills and judgment will be charged with a DUI, according to Sacramento, California drunk driving accident lawyers.
How to defend yourself against DUI charges?
It is a pity that sometimes innocent people are hit with DUI charges and become helpless – this happens all the time in financially broke Sacramento and California. It is important that drivers who find themselves wrongly charged take immediate steps and seek legal recourse to protect their rights. In order to be able to do this successfully, it is wise to appoint an experienced California drunk driving accident lawyer to identify flaws in their arrest and in the manner in which breath and blood tests were conducted. This can go a long way in having their drunk driving case dismissed.
There are many ways in which a DUI case can be fought with aggressive legal representation. Working closely with your legal counsel to build a solid defense strategy is the best way to prove your innocence and clear your name in a drunk driving charge.