Is DUI a Dui a Tragic Cause of Passenger Car Crashes?
Yes. One of the most tragic causes of accidents on the road today is drunk or influenced driving. Despite all of the warnings and research, drunk people still get behind the wheel. Car drivers are under the influence every single day so if you find yourself involved in a car accident, you must consult drink driving solicitors immediately.
According to many criminal record expungement law services, these accidents represent a large portion of the crashes across the country every year. Also, they represent both civil and criminal offenses. Unfortunately, this remains a reality. But it’s a sober reality that hopefully most drivers never have to face.
Violating the Law
If someone is drinking and driving, they’re violating California law. The California Vehicle Code Sec 23152 states: (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
The law is also clear about what driving under the influence is and isn’t. According to this owi lawyer even a bicycle is a vehicle that can get included as a crime. California Vehicle Code Sec 670 states: A “vehicle” is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device. So it gets moved exclusively by human power or used exclusively upon stationary rails or tracks. There are many vehicles capable of creating a DUI case. And it’s just another smart reason to drive sober.
According to the National Highway Traffic Safety Administration, in 2012 over 10,000 drivers were killed due to drunk driving across the country. The rate of death in the state of California is about 0.28- lower than the national average but still high in overall traffic fatality rates. Unfortunately, it is sometimes a dangerous road out there for drivers.
In higher traffic areas, such as the Greater Los Angeles Area, there is a higher than average rate of DUI accidents. Unfortunately, this could include multiple cars and possibly pile-ups. DWIs cost far too many lives, especially for vulnerable car and motorcycle motorists. Due to high rates of speed and poor control, often there are severe issues commonly caused by such accidents.
Acting After an Accident
After such an accident, it is important to act quickly. Seek immediate medical care and make sure to document as much as you can at the crash site. Also, the drunk driver should be held accountable. The driver may be facing criminal charges for a DUI or DWI.
But there should be a civil punishment for their actions as well. And if proven, the DUI driver shall be held responsible. Your actions could prevent another accident down the line. And that could very well save another family heartbreak.
Making sure that you have an experienced legal advocate by your side is one of your first steps. A legal expert, such as one from the Ehline Law Firm, will be specialized in car accidents.
The driver under the influence can be faced with civil penalties if the victim decides to proceed, criminal charges from a prosecutor for their actions, or the revocation of their license by the DMV.
Watch below to see an example of a DMV administrative hearing:
DUI drivers have ten business days to request an administrative hearing with the DMV, they can also call to get bail bonds in Hartford County. Also, if they refuse, they face a permanent suspension of their driver’s license. And this is through automatic suspension. Unfortunately, for a DMV hearing, normal court rules of evidence do not apply.
So the accused is not allowed to plead the 5th Amendment. Hence, the accused could be coerced by a prosecutor to imply guilt accidentally. The hearing officer needs to verify that the arresting agency had a reasonable belief that the rider was intoxicated or under the influence. And there must be evidence the accused committed the offense. Last, it must be shown the arrest was lawful.
The last thing the hearing will determine is if the driver had a blood-alcohol level of 0.08% or higher, as seen in CVC Section 23152. The unrepresented accused will often lose the hearing. So they may have to pay significant penalties, both financial and otherwise.
Many accused drunk drivers are arraigned and accused of their alleged crime in open court. And they also face a potential bias by possible jurors, as well as other drivers. And this is not to mention the police. If you are ever prosecuted, you should always take the bail option if it is available, check the local bail bond providers who can help you.
Many accused of such a crime feel as though they have nowhere to turn. And they can face up to a three-year probation, AA meetings, fines, MADD classes, trash pick up, or other penalties for a first offense. And this is when it caused no injuries.
If the accident caused injury or death, the accused could face severe penalties. Drinking and driving is such a severe issue on the road that you should not expect any sympathy.
Even after facing the DMV and the criminal court, the accused may also face a claim in civil court. Also, those injured by the drunk driver could testify in court for liability questions. And the accused could be sued for not having insurance or not having enough coverage. The victim is likely to ask for their pain and suffering, medical bills, and therapy to be covered by the other driver.
Avoiding Drunk Driving Accidents
By no means a foolproof process, there are some manners to avoid such an accident in the future. According to the massachusetts traffic accidents report, Keeping an eye out for drivers making wide turns, going into both lanes, sudden braking, driving very fast or slow, driving the wrong way, or other actions can be considered telltale signs of drunk driving.
But remember not to drink at all. If you do, make sure to have a designated driver or call a taxi, limo, or bus.
Contact a Legal Professional
Skilled attorneys have seen it all and are ready to help. If you have been injured in a severe DUI alcohol car accident or were accused of such a crime, Ehline Law can help.