Español
Locations
(626) 770-4652

Expect Compassionate Representation from Fiore Legal

At Fiore Legal, we bring over 50 years of collective expertise and a proven track record of success to every case. Our personalized approach ensures you receive the guidance, support, and advocacy you need during this challenging time. We’re dedicated to securing maximum compensation for victims of drunk driving accidents in California. With over $250 million recovered for our clients, we’re proud to fight for justice and fair compensation, providing peace of mind to those affected by negligence. Contact us today to book your complimentary case evaluation with a Fiore Legal drunk driving accident lawyer in Pasadena.

California Drunk Driving Laws

In California, drunk driving is legally defined as operating a vehicle while under the influence of alcohol to the extent that it impairs your ability to drive safely. Drunk driving laws are primarily outlined under California Vehicle Code Section 23152 and are among the strictest in the United States.

Blood Alcohol Concentration (BAC) Limits

The legal BAC limits in California vary based on the driver's age, license type, and circumstances:

  • 0.08% or higher for most drivers 21 years and older operating non-commercial vehicles
  • 0.04% or higher for commercial vehicle drivers
  • 0.01% or higher for drivers under 21 years old (zero-tolerance law)
  • 0.01% or higher for drivers on DUI probation, regardless of age or license type

What Constitutes Drunk Driving

Under California Vehicle Code Sections 23152(a) and 23152(b), you are guilty of drunk driving if:

  • You operate a vehicle while under the influence of alcohol or drugs, impairing your ability to drive safely
  • You drive with a BAC above the legal limit, as defined by the categories above

Implied Consent Law

California’s implied consent law requires drivers lawfully arrested on suspicion of DUI to submit to a chemical test (breath, blood, or urine) to determine their BAC. Refusal to comply results in the following:

  • Immediate license suspension (1 year for a first offense)
  • Additional penalties if convicted of DUI
Background media

What Are the Penalties for Drunk Driving Accidents in California?

The California Vehicle Code Sections 23152 and 23153 outline the criminal penalties for drunk driving accidents. Penalties depend on factors such as BAC levels, injury severity, and prior DUI history.

DUI with Injuries (California Vehicle Code 23153)

If a drunk driver causes an accident resulting in injuries, the offense becomes a wobbler, meaning it can be charged as a misdemeanor or felony.

Misdemeanor DUI with Injuries:

  • Fines from $390–$5,000
  • A jail sentence for up to one year
  • DUI school for 3–30 months
  • Restitution to the victim

Felony DUI with Injuries:

  • Fines up to $5,000
  • A prison sentence of 16 months to 10 years, depending on the number and severity of injuries
  • License suspension for up to five years
  • DUI school for 18–30 months
  • Restitution and additional penalties

DUI Manslaughter or Vehicular Homicide

If a drunk driving accident results in a fatality, the driver may face the following charges:

Gross Vehicular Manslaughter While Intoxicated:

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

Second-Degree Murder (Watson Murder):

  • A prison sentence of 15 years to life
  • Applies if the driver has prior DUI convictions and caused a fatality while under the influence

Administrative Penalties and Additional Consequences

California's Department of Motor Vehicles (DMV) imposes additional administrative penalties, including:

  • Immediate license suspension upon arrest for DUI
  • Administrative Per Se Hearing, which means drivers can contest their suspension but must request a hearing within 10 days
  • Mandatory IID installation for repeat offenders or severe DUI cases

Keep the following additional consequences in mind:

  • Increased Insurance Premiums: Drunk driving convictions significantly raise car insurance rates, and some companies may refuse coverage.
  • Permanent Criminal Record: A DUI conviction remains on your record for 10 years in California.
  • Restricted Employment Opportunities: A criminal record may impact job prospects, particularly for positions requiring driving.
Logo media

Some firms try for quick settlements. We get every dollar you deserve.

Book Your Consultation Now

What Damages Can You Recover as a Victim in a California Drunk Driving Accident?

Victims of drunk driving accidents in California have the legal right to seek compensation for the losses they’ve endured. These damages aim to cover tangible expenses, address emotional and psychological impacts, and, in severe cases, penalize the at-fault party for their reckless behavior.

Economic damages compensate victims for measurable financial losses from an accident, including:

  • Current and future medical treatment costs (hospital stays, surgeries, medications, therapy)
  • Expenses for assistive devices (wheelchairs, prosthetics)
  • Lost income during recovery
  • Loss of future earning capacity due to long-term disability
  • Vehicle repair or replacement and damages to personal belongings
  • Transportation costs for medical appointments
  • Home modifications for disabilities related to the accident

Non-economic damages address the intangible effects of a drunk driving accident, including:

  • Physical discomfort and emotional distress from injuries
  • Loss of enjoyment in daily activities and hobbies
  • Mental health issues like anxiety, depression, or PTSD
  • Impacts on relationships, such as loss of companionship or intimacy with a partner

Punitive damages may be awarded when a driver’s behavior is especially reckless, such as having a high BAC or prior DUI convictions. These damages aim to punish the offender and deter future misconduct rather than to compensate victims.

Wrongful Death Damages and Additional Considerations

If a loved one was tragically killed in a drunk driving accident, the victim’s family may file a wrongful death lawsuit to recover:

  • Expenses for memorial services and burial or cremation
  • Compensation for the income the deceased would have provided to their family
  • Damages for the emotional loss of a loved one’s presence, care, and support

California is a comparative fault state, meaning your compensation may be reduced if you were partially at fault for the accident. For example, if you were found 20% responsible, your total compensation would be reduced by 20%. However, in drunk driving cases, the at-fault driver's liability is often overwhelmingly clear due to their reckless behavior.

Banner media

Why Choose Fiore Legal for Your Drunk Driving Accident Case in Pasadena?

Fiore Legal is more than just a personal injury law firm—we’re your dedicated advocates, focused on achieving justice and restoring your life after a devastating drunk driving accident.
We prioritize accessibility and clear communication, offering continuous updates and answers to your questions throughout your case. Unlike many large firms, we ensure direct engagement with our clients, providing personalized support every step of the way. While most cases settle before trial, we are prepared to fight for you in court if needed.

Our attorneys have extensive trial experience, ensuring that your case is handled with the expertise it deserves, whether through negotiation or litigation. At Fiore Legal, we don’t delay action. From the moment you contact us, our team begins building a strong case to secure the compensation you deserve. With over five years of recognition by Super Lawyers and a client-focused approach, we are committed to fighting for the underdog. Call Fiore Legal today for a complimentary consultation with a drunk driving accident attorney in Pasadena.

Drunk Driving Accident Lawyer FAQ

Can I file a claim if the drunk driver was uninsured?

How is liability determined in a drunk driving accident?

Can I sue a bar or restaurant for overserving the drunk driver?

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

What if the drunk driver was a minor?

Does a criminal conviction against the drunk driver help my civil case?

Should I accept an initial settlement offer from the insurance company?

What happens if the drunk driver flees the scene of the accident?

Can I file a claim if the drunk driver was uninsured?

Yes, if the at-fault drunk driver is uninsured, you may still seek compensation through your own uninsured/underinsured motorist coverage if included in your auto insurance policy. An experienced attorney can also explore other potential sources of compensation, such as the driver’s personal assets.

How is liability determined in a drunk driving accident?

Liability is established by proving the driver was impaired and that their actions caused the accident. Evidence such as police reports, eyewitness testimony, BAC test results, and accident scene reconstructions are critical in demonstrating fault.

Can I sue a bar or restaurant for overserving the drunk driver?

California’s Dram Shop Laws generally limit liability for alcohol providers, but exceptions exist. For example, a vendor can be held liable for serving alcohol to a visibly intoxicated minor who later causes an accident.

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

The time frame depends on factors such as the case's complexity, the extent of your injuries, and whether the case goes to trial. Some cases may resolve in a few months, while others can take over a year. An attorney can help expedite the process where possible.

What if the drunk driver was a minor?

If the at-fault driver was under 21, they are subject to California’s zero-tolerance law and can face additional penalties. You may also have a claim against their parents or guardians if negligence (e.g., providing alcohol to the minor) contributed to the accident.

Does a criminal conviction against the drunk driver help my civil case?

Yes, a criminal conviction can strengthen your civil case because it demonstrates the driver’s liability. However, even if the driver is acquitted, you can still pursue a civil claim, as the burden of proof is lower in civil cases.

Should I accept an initial settlement offer from the insurance company?

Accepting the initial settlement offer without consulting an attorney is usually not advisable. Insurance companies often aim to minimize payouts, and an attorney can negotiate to ensure you receive fair compensation for your losses.

What happens if the drunk driver flees the scene of the accident?

If the driver fled the scene (hit-and-run), you can still pursue compensation through your uninsured motorist coverage or other legal avenues. Law enforcement will investigate to locate the driver, and an attorney can help build a strong case even if the driver is not immediately identified.

Logo media

Experts in Injury Law Protect Your survival. future. family.

Contact Us
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (626) 770-4652.
Contact Us