The information on this page is provided to give victims a sense of the consequences DUI drivers will face, and their legal avenues for pursuing justice after a serious injury or loss. The criminal consequences of a DUI accident vary greatly for offenders, depending on a number of factors including, whether or not they have ever previously been arrested for driving under the influence, their blood alcohol concentration (BAC) at the time of arrest, and the extent of harm they caused (i.e., did the accident cause minor injuries or multiple fatalities). A drunk driver may be prosecuted as either a misdemeanor or a felony, depending on the circumstances of the offense, and the defendant’s prior criminal history, especially in regard to prior DUI convictions.

Criminal Consequences – Misdemeanor & Felony

In California, DUI offenses are “priorable,” meaning the criminal punishment of a DUI increases with subsequent convictions. A misdemeanor DUI with injury may result in probation for three to five years, five days to one year in county jail, fines between $390 to $5,000, court ordered alcohol or drug education program, a one or three year suspension of driving privileges, and restitution to injured parties. Felony DUI with Injury may result in two, three, or four years in California State Prison, additional / consecutive prison sentence of three to six years if any victim suffers great bodily injury, additional / consecutive one year sentence for each person that suffers any injury, a “strike” on a record pursuant to California’s Three Strikes Law, fines between $1,015 and $5,000, court-approved DUI school, five-year revocation of your Driver’s license, and Habitual Traffic Offender (HTO) status for three years.

Drunk drivers may be charged with additional offenses if a drunk driver causes the death of another (vehicular manslaughter while intoxicated), leaves the scene of an accident (Vehicle Code 20001 felony hit and run involving injury or death), or has a child as a passenger in the car at the time of a DUI offense (child endangerment).

Insurance Consequences – SR-22

Drunk drivers who have their licenses suspended or revoked following a DUI arrest will be required to obtain SR-22 insurance coverage before having their driving privilege reinstated. An SR-22 is obtained from a DMV authorized car insurance company, who forwards it to the Department of Motor Vehicles. In addition to drunk driving convictions, an SR-22 may be required for drivers that have had safety responsibility suspensions, unsatisfied judgment suspensions, restricted licenses, and revoked licenses. An SR-22 must be maintained for a minimum period of 36 months.

Civil Consequences – Personal Injury and Wrongful Death Liability

Drunk drivers may also be forced to pay the victims of their actions for the harm they cause. DUI accident victims may pursue a personal injury claim for compensation for medical expenses, including:

Additionally, injured victims may be entitled to compensation for lost earnings, loss of earning capacity, disability, pain and suffering and other accident related expenses. When an accident results in death, family members of the deceased victim may obtain compensation in a wrongful death claim for funeral and burial expenses, lost anticipated earnings and benefits, and loss of love, care, affection, and companionship.

Obtaining Fair Compensation after an Accident

DUI accidents have unique legal issues and not all personal injury attorneys have the understanding and resources to best handle alcohol and drug related accidents. An experienced DUI accident victim attorney can fight to protect your right to compensation for your DUI accident injuries or DUI accident wrongful death. A knowledgeable and skilled attorney – one who has successfully represented victims of DUI accidents – will be able to help you recover the maximum compensation your are entitled to for your personal injury claims. If you or a loved one has been involved in a DUI accident and you would like to know more about your legal rights, contact Estey Bomberger for a free, no obligation case review. Call us at (800) 784-9180, or fill out a consultation request form to have any attorney contact you.