San Diego Drunk Driving Accident Lawyers

To deter DUI accidents, the state of California adopted Zero Tolerance laws for drunk driving, meaning:

• A blood alcohol content (BAC) of 0.08 is the legal limit for drivers not to get a DUI. Commercial drivers have to stay under 0.04.
• Individuals on probation for impaired driving or many past DWI charges have a limit of BAC 0.01 or lower.
• Drivers under 21 years can only have 0.01 BAC.
• Any alcohol in cars must stay unopened or in the trunk out of reach. Minors can have no alcohol in their vehicle.
• Breaking this law results in possible jail time, rehabilitative education, ignition interlock systems, or driver’s license suspension for up to 3 years.

Zero-tolerance laws are complex. California Penal Code section 23152 sub-section (a) makes it a criminal offense to drive while under the influence of any alcoholic beverage (no legal limit listed). Sub-section (b) makes it a crime to drive with a blood alcohol content (BAC) of 0.08 percent or higher by volume. 

• ‘Driving’ under the law means “any movement, no matter how minor.” Witnesses can testify against someone sitting in the driver’s seat of an idling vehicle.

Finally, zero-tolerance also applies to drugs. A DUI charge can apply to a driver appearing to be under the influence of any substance, including prescribed medication. 

These rules are a lot, but the California personal injury lawyers of Mova Law Group – Personal Injury Attorneys are familiar with them. We will use the law and car accident evidence to make a compelling case for your reparation.

After arrest, the drunk driver may face criminal negligence or even involuntary manslaughter charges. While drunk driving is a criminal charge, that does not mean you can’t sue the at-fault driver for the damages they have caused. As a victim in a criminal case, you have rights in the eyes of the law. 

As mentioned, you have a few options for payment of your losses. If insurance doesn’t cover everything (or refuses to cover any), you can receive money from the California Victims of Crime Fund. This fund is a last resort, so only rely on it if you’ve exhausted other options. If you use it early on, you risk paying it back. 

With or without a guilty verdict in the criminal courts, the at-fault driver can stand trial again, but with a lowered burden of proof. You can argue for what you are owed so long as your case falls within the statute of limitations (2 years) of the DUI accident. You can file a drunk driving accident claim through the civil courts, even if you have received money from the Victim’s Fund.

Your Mova drunk driving accident lawyer will help you gather the following evidence to support your claim:

• Witness statements from the accident scene, including photos, videos, and descriptions of the driver’s behavior.
• Accident reports and follow-up statements from emergency personnel at the scene.
• Results of BAC tests done at the time, such as a breathalyzer, blood tests, or field sobriety tests.
• Traffic camera videos showing the car accident.
• Analysis of the drunk driver’s driving record and legal history (do they have previous DWIs? Any prior hit-and-run accidents?).

Our personal injury attorneys can help you navigate the civil lawsuit process and build a strong case for a settlement in your favor. We will lay out your options at an initial free consultation of your case.

If a family member dies due to someone else’s drunk driving, you can pursue a wrongful death claim against them on behalf of their estate. Like a personal injury case, wrongful death suits consider future expenses, but these claims also seek financial relief for loved ones who have lost a provider. Our San Diego wrongful death lawyers can help you calculate your losses:

• Funeral and burial costs.
• The deceased partner’s would-be financial contribution to the family (including pension, if applicable).
• Future childcare costs.
• Medical bills.
• Emotional distress.
• Loss of a spouse/partner.