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Count on Fiore Legal for Compassionate Advocacy

With more than 50 years of combined experience and a history of successful outcomes, Fiore Legal is committed to providing tailored representation for each client. We prioritize offering the guidance and support you need during difficult times, ensuring your voice is heard. Our focus is on obtaining the maximum compensation for victims of drunk driving accidents across California. Having recovered over $250 million for our clients, we are steadfast in pursuing justice and fair compensation. Reach out to us today for a free case evaluation with a drunk driving accident lawyer in Fresno, and let us help you move forward confidently.

Understanding California Drunk Driving Laws

In California, drunk driving is defined as operating a vehicle while impaired by alcohol, making it unsafe to drive. These laws, detailed in California Vehicle Code Section 23152, are among the most stringent in the nation.

Blood Alcohol Concentration (BAC) Limits

California’s legal BAC thresholds depend on the driver’s age, license type, and situation:

  • 0.08% or higher for drivers aged 21 and older operating standard vehicles
  • 0.04% or higher for those driving commercial vehicles
  • 0.01% or higher for drivers under 21 under the zero-tolerance policy
  • 0.01% or higher for anyone on DUI probation, regardless of age or vehicle type

Defining Drunk Driving

According to California Vehicle Code Sections 23152(a) and 23152(b), drunk driving involves:

  • Operating a vehicle while under the influence of alcohol or drugs, impairing safe driving
  • Driving with a BAC exceeding the legal limits outlined above

Implied Consent Requirements

California’s implied consent law mandates drivers arrested for suspected DUI to undergo chemical testing (breath, blood, or urine) to measure BAC. Refusing the test can lead to:

  • Immediate license suspension for one year (first offense)
  • Additional consequences if convicted of a DUI offense
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What Are the Penalties for Drunk Driving Accidents in California?

California Vehicle Code Sections 23152 and 23153 detail the penalties for drunk driving accidents, which vary based on BAC levels, the severity of injuries, and the driver’s prior DUI history.

DUI with Injuries (Vehicle Code 23153)

Drunk driving accidents causing injuries can be charged as either misdemeanors or felonies, depending on the circumstances:

Misdemeanor DUI with Injuries:

  • Fines ranging from $390 to $5,000
  • Up to one year in jail
  • DUI education programs lasting 3 to 30 months
  • Victim restitution

Felony DUI with Injuries:

  • Fines up to $5,000
  • Prison time from 16 months to 10 years, depending on injury severity
  • License suspension for up to five years
  • DUI programs lasting 18 to 30 months
  • Restitution and additional consequences

DUI Manslaughter or Vehicular Homicide

When a drunk driving accident leads to a fatality, the following charges may apply:

Gross Vehicular Manslaughter While Intoxicated:

  • Fines up to $10,000
  • Prison sentence of 4 to 10 years

Second-Degree Murder (Watson Murder):

  • Prison sentence of 15 years to life
  • Applies to drivers with prior DUI convictions who cause a fatality while impaired

Administrative Penalties and Other Consequences

The California DMV imposes additional penalties, including:

  • Immediate license suspension after a DUI arrest
  • The right to request an Administrative Per Se Hearing within 10 days to contest the suspension
  • Mandatory ignition interlock device (IID) installation for repeat offenders or severe cases

Additional consequences include:

  • Higher Insurance Rates: A DUI conviction often increases premiums, and some insurers may deny coverage.
  • Criminal Record: A DUI stays on your record for 10 years in California.
  • Employment Challenges: A criminal record can limit job opportunities, especially for roles involving driving.
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Compensation Available to Drunk Driving Accident Victims in Fresno

In California, victims of drunk driving accidents can pursue compensation for the harm they have suffered. These damages are intended to cover financial costs, emotional hardships, and, in extreme cases, penalize the responsible driver for their negligent actions.

Economic damages address the financial losses directly resulting from the accident, such as:

  • Costs for medical care, including hospital stays, surgeries, medications, and therapy
  • Expenses for assistive devices like wheelchairs or prosthetics
  • Lost wages during recovery and diminished earning capacity for permanent disabilities
  • Repair or replacement of damaged vehicles and personal property
  • Transportation costs for medical visits
  • Home modifications to accommodate accident-related disabilities

Non-economic damages compensate for the less tangible consequences of the accident, including:

  • Pain and suffering caused by physical injuries
  • Emotional distress, such as anxiety, depression, or PTSD
  • Loss of enjoyment in daily life and recreational activities
  • Strained relationships, including loss of companionship or intimacy

In cases where the driver’s actions were particularly reckless, such as driving with an extremely high BAC or a history of DUI offenses, punitive damages may be awarded. These damages penalize the offender and discourage similar behavior in the future.

Damages in Wrongful Death Cases and Important Considerations

Losing a loved one in a drunk driving accident is a devastating experience, and families may pursue a wrongful death claim to seek compensation for their losses. These damages may include:

  • Costs associated with funeral, burial, or cremation services
  • Financial support the deceased would have provided to their family over time
  • Emotional damages for the loss of the deceased’s love, care, and guidance

In California, the principle of comparative fault applies, meaning compensation may be adjusted if the victim is found partially responsible for the accident. For example, if they are determined to be 20% at fault, the final compensation would be reduced by that percentage. However, in most drunk driving cases, the responsibility of the intoxicated driver is typically clear due to their reckless actions.

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Why Trust Fiore Legal with Your Drunk Driving Accident Case in Fresno?

Fiore Legal isn’t just another personal injury firm—we are your committed advocates, dedicated to seeking justice and helping you rebuild your life after the trauma of a drunk driving accident. We pride ourselves on being accessible and communicative, keeping you informed, and answering your questions every step of the way. Unlike larger firms, we maintain a personalized approach, ensuring you receive direct, one-on-one support throughout your case.

While many cases are resolved through settlements, we are fully prepared to take your case to court if necessary. Our attorneys have significant trial experience, giving you the confidence that your case will be handled with skill and determination, no matter the circumstances. From the moment you reach out, Fiore Legal gets to work, building a compelling case to secure the compensation you’re entitled to. Recognized by Super Lawyers for over five years and committed to client-focused service, we are here to stand up for those in need. Contact us today for a free consultation with a Fiore Legal drunk driving accident attorney in Fresno.

Drunk Driving Accident Lawyer FAQ

Can I still recover damages if the drunk driver is uninsured?

How is fault established in a drunk driving accident?

Can a bar or restaurant be held responsible for overserving alcohol?

How long does it take to resolve a claim for a drunk driving accident?

What if the drunk driver involved was underage?

Does a criminal conviction impact my civil claim?

Should I accept the insurance company’s initial settlement offer?

What if the drunk driver fled the scene of the accident?

Can I still recover damages if the drunk driver is uninsured?

Yes, if the drunk driver lacks insurance, you may be able to file a claim through your uninsured/underinsured motorist coverage, provided it’s included in your policy. Additionally, an attorney can investigate other compensation options, such as pursuing the driver’s personal assets.

How is fault established in a drunk driving accident?

Fault is determined by proving that the driver was impaired and that their actions led to the accident. Evidence may include police reports, witness accounts, BAC test results, and accident reconstructions.

Can a bar or restaurant be held responsible for overserving alcohol?

Under California’s Dram Shop Laws, alcohol providers are typically protected from liability. However, exceptions exist, such as when alcohol is served to a clearly intoxicated minor who later causes harm.

How long does it take to resolve a claim for a drunk driving accident?

The timeline varies depending on the case's complexity, the severity of the injuries, and whether litigation is involved. While some claims settle within months, others may take over a year. An experienced attorney can help streamline the process.

What if the drunk driver involved was underage?

If the driver is under 21, they are subject to California’s zero-tolerance laws and additional penalties. You may also have a claim against their parents or guardians if they contributed to the situation, such as providing alcohol to the minor.

Does a criminal conviction impact my civil claim?

Yes, a criminal conviction can bolster your civil case by establishing the driver’s liability. However, even if the driver is acquitted in criminal court, you can still pursue a civil case, as the standard of proof is lower.

Should I accept the insurance company’s initial settlement offer?

It’s usually unwise to accept an initial offer without legal advice. Insurance companies often offer less than what you deserve. An attorney at Fiore Legal can negotiate for a settlement that fairly compensates you for your losses.

What if the drunk driver fled the scene of the accident?

In the case of a hit-and-run, you may still seek compensation through your uninsured motorist coverage or other legal avenues. Law enforcement will work to identify the driver, and an attorney can help ensure your claim progresses even if the driver is not immediately found.

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