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Fiore Legal: Dedicated and Compassionate Representation

Fiore Legal leverages decades of collective experience and a strong track record of success to deliver personalized support to every client. We are here to guide you through this challenging period with the advocacy and care you deserve. Specializing in securing maximum compensation for drunk driving accident victims in California, we’ve recovered over $250 million for our clients. Our goal is to provide justice and financial recovery to those impacted by negligence. Contact us today for a no-cost case evaluation in Inland Empire and take the first step toward peace of mind.

California’s Drunk Driving Regulations

Drunk driving in California is defined as operating a motor vehicle while alcohol impairs your ability to drive safely. These regulations, governed by California Vehicle Code Section 23152, are recognized as some of the toughest in the country.

BAC Limits in California

Legal BAC limits differ based on the type of driver:

  • 0.08% or above for standard drivers aged 21 and older
  • 0.04% or above for commercial drivers
  • 0.01% or above for drivers under 21 under the zero-tolerance policy
  • 0.01% or above for individuals on DUI probation

What Qualifies as Drunk Driving

Under California Vehicle Code Sections 23152(a) and 23152(b), a person is considered guilty of drunk driving if they:

  • Operate a vehicle while under the influence of alcohol or drugs, affecting their ability to drive safely
  • Drive with a BAC above the applicable legal threshold

Implied Consent Laws in California

Drivers in California are required to comply with chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusal to take the test results in:

  • An immediate one-year license suspension for a first offense
  • Additional penalties if later convicted of a DUI charge
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California’s Penalties for Drunk Driving Accidents

Under California Vehicle Code Sections 23152 and 23153, penalties for drunk driving accidents are determined by factors like BAC levels, injury severity, and the driver’s prior history of DUI offenses.

Drunk Driving Causing Injuries (Vehicle Code 23153)

When an accident involving a drunk driver results in injuries, the charge may be classified as either a misdemeanor or felony:

Misdemeanor DUI with Injuries:

  • Fines from $390 to $5,000
  • Jail time of up to one year
  • DUI education programs for 3 to 30 months
  • Restitution to victims

Felony DUI with Injuries:

  • Fines up to $5,000
  • Prison terms ranging from 16 months to 10 years, depending on the injuries
  • Driver’s license suspension for up to five years
  • DUI school for 18 to 30 months
  • Restitution and other potential penalties

Manslaughter or Homicide Charges in Drunk Driving Cases

When fatalities occur due to drunk driving, the driver could face the following charges:

Gross Vehicular Manslaughter While Intoxicated:

  • Fines of up to $10,000
  • 4 to 10 years in state prison

Second-Degree Murder (Watson Murder):

  • Prison terms of 15 years to life
  • Applies to repeat DUI offenders who cause fatal accidents

Additional Administrative and Legal Consequences

The California DMV enforces administrative penalties that include:

  • Automatic license suspension at the time of arrest
  • The option to request a hearing within 10 days to challenge the suspension
  • Mandatory ignition interlock device installation for repeat or severe offenders

Other long-term consequences include:

  • Insurance Premium Increases: Convictions lead to higher rates, and some insurers may cancel policies.
  • Criminal Record: A DUI remains on your record for 10 years in California.
  • Employment Barriers: Jobs requiring driving may be out of reach due to a criminal conviction.
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What Compensation Can California Drunk Driving Accident Victims Receive?

Victims of drunk driving accidents in California have the legal right to recover damages for their losses. These awards cover both financial hardships and the emotional toll of the accident to aid recovery and hold the at-fault driver accountable.

Economic damages compensate victims for specific, measurable financial losses, such as:

  • Medical expenses, including hospital care, surgeries, medications, and rehabilitation
  • Costs for mobility aids, such as prosthetics or wheelchairs
  • Lost wages during recovery and reduced earning potential due to permanent injuries
  • Repair or replacement of damaged vehicles and other property
  • Travel expenses for medical appointments
  • Costs to modify homes for disability-related needs

Non-economic damages address the intangible impacts of the accident, including:

  • Pain, suffering, and physical discomfort from injuries
  • Emotional harm, including anxiety, PTSD, or depression
  • Reduced ability to enjoy hobbies or participate in daily activities
  • Relationship challenges, such as loss of intimacy or companionship

Punitive damages may be imposed in cases involving extreme negligence, such as a high BAC or multiple DUI offenses. These damages are designed to punish the driver and discourage similar reckless behavior in the future.

What Are the Recoverable Damages in a Wrongful Death Claim?

When a loved one is killed in a drunk driving accident, surviving family members can file a wrongful death lawsuit to seek financial relief for their loss. Potential damages include:

  • Funeral and burial expenses
  • Compensation for the financial contributions the deceased would have made to their family
  • Non-economic damages for the emotional loss of companionship, support, and care

California’s comparative fault law can impact the amount of compensation awarded, reducing it if the victim is partially at fault. For instance, being 20% responsible for the accident would result in a 20% reduction in damages. However, in drunk driving cases, the intoxicated driver’s recklessness typically establishes clear liability.

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Why Choose Fiore Legal for Representation in Inland Empire Drunk Driving Accident Cases?

At Fiore Legal, we go beyond standard personal injury representation by serving as passionate advocates for those impacted by drunk driving accidents. Our goal is to deliver justice while helping you recover and regain stability.

We emphasize clear communication and accessibility, ensuring you receive timely updates and answers to your concerns. Unlike larger firms where personal attention may be lacking, we engage directly with our clients, offering tailored support throughout the entire process.

If your case requires litigation, you’re in capable hands. Our attorneys bring extensive courtroom experience and are ready to fight for your rights through negotiation or trial. When you choose Fiore Legal, you can count on swift action. From day one, we work diligently to craft a strong case to achieve the best possible outcome. With a proven track record, including more than five years of recognition by Super Lawyers, and a focus on standing up for the underdog, we’re here to help. Schedule your complimentary consultation with a Fiore Legal drunk driving accident attorney in Inland Empire today.

Drunk Driving Accident Lawyer FAQ

Can I pursue compensation if the drunk driver doesn’t have insurance?

How is liability determined in cases involving drunk driving?

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

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

What happens if the at-fault driver was under 21?

Does a criminal conviction help my civil lawsuit?

Should I accept the first settlement offer from the insurance company?

What if the drunk driver fled the scene?

Can I pursue compensation if the drunk driver doesn’t have insurance?

Yes, you can file a claim through your uninsured/underinsured motorist policy if available. A skilled attorney may also explore alternative sources of compensation, such as the drunk driver’s assets.

How is liability determined in cases involving drunk driving?

Liability is proven by showing that the driver was impaired and caused the accident. Evidence such as BAC test results, police reports, witness statements, and accident reconstruction can establish fault.

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

California’s Dram Shop Laws generally shield alcohol vendors from liability. However, exceptions apply, such as when alcohol is served to an intoxicated minor who then causes an accident.

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

The duration depends on factors such as the case’s complexity and whether it proceeds to trial. Some claims resolve in a few months, while others may take more than a year. An attorney can help expedite the process when possible.

What happens if the at-fault driver was under 21?

Underage drivers are subject to California’s zero-tolerance law, which imposes stricter penalties. If negligence, such as providing alcohol to the minor, played a role, you may also have a claim against their parents or guardians.

Does a criminal conviction help my civil lawsuit?

A conviction can support your civil case by confirming the driver’s liability. However, even without a conviction, you can still pursue a civil claim since the burden of proof in civil cases is lower than in criminal cases.

Should I accept the first settlement offer from the insurance company?

No, it’s often best to consult with an attorney before accepting an initial offer. Insurance companies may undervalue your claim, and an attorney can help negotiate a fair settlement.

What if the drunk driver fled the scene?

If the driver committed a hit-and-run, you can still seek compensation through uninsured motorist coverage or other avenues. Authorities will investigate to locate the driver, and an attorney can assist in building your case even if the driver remains unidentified.

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