drunk driving accident attorney san diego ca

Drunk Driving

Seek fair compensation and due process for your drunk driving accident case

Are you the victim of a drunk driving accident? Or maybe one of your loved ones or friends? Despite the best efforts of authorities, civic groups, and the state government to decrease the challenge, drunk driving continues to be one of the most severe roadway hazards every California driver faces. But don’t worry; your drunk driving accident attorney in San Diego, CA, will assist you in defending your liberties and obtaining the compensation you deserve!   The Benner Law Firm integrates numerous years of high-volume experience with the personalized attention of a small law firm, resulting in a results-driven approach that stresses attorney-client collaborations and connections. Call us now for a free strategy session!  

What is Drunk Driving?

Drunk driving is sometimes known as “driving while intoxicated” (DWI) or “driving under the influence” (DUI). However, different states have different titles for it: operating under the influence (OUI), driving while visibly impaired (DWVI), operating while impaired (OWI), and so on.   

What Does “Driving Under the Influence” Really Mean?

Each state defines driving under the influence differently. The definitions above teach drivers what is forbidden and detail what authorities must establish in court to get a DUI charge.   However, all states’ DUI laws follow the same fundamental framework and necessitate evidence that the individual was driving under the influence. However, these two components of a DUI accusation aren’t always as simple as they look.  

Driving a Vehicle

DUI laws in certain areas, like California, make it unlawful to “drive” while intoxicated. Simply put, the person driving must have completed the car in motion to be guilty. However, most states’ DUI statutes, including Nebraska’s, ban driving and “being in actual physical control” of a vehicle while under the influence. According to this definition, you can acquire a DUI even if your car never moves. State regulations vary in their particular. However, these rules aim to enable authorities to apprehend an intoxicated driver who has not yet placed the automobile in motion but is now in a position to do so.  

When Under the Influence

Every state has two DUI laws: impairment laws and per se statutes. In other terms, you can be charged with DUI if you:
  • According to the genuine substance or alcoholic impairment, or
  • According to the concentration of alcohol or drugs in your system for being “per se” under the influence.
  The amount of impairment required to be considered “under the influence” varies by state. Certain states needed confirmation of significant disability, while others required proof of minor impairment. A per se DUI can be obtained if your blood alcohol content (BAC) is.08% or higher (.05% or higher in Utah). A handful of states, including Washington, have per se drug DUI legislation.  

What Triggers Drunk Driving Accidents in California?

A staggering 27 percent of California’s more than 3,600 traffic-related deaths in 2019 included a motorist with a blood-alcohol concentration above the limit set by law. Nevertheless, authorities only recorded the blood-alcohol level of drivers in fewer than 24 percent of all fatal traffic incidents, implying that the total of drunk driving deaths is likely far more significant.   The following are the most prevalent forms of drunk driving accidents in California:
  • Colliding with something
  • Crashing with another car
  • Broadside collisions
  • Rollovers
  • Collisions at full speed

What are the Most Common Injuries Caused by Drunk Driving Collisions?

Accidents caused by alcohol intoxication are frequently among the most serious since they usually involve significantly impaired motorists colliding with other automobiles rapidly. Many individuals are killed in these incidents, and these are only a handful of the most prevalent injuries:
  • Partial or total paralysis caused by a severed or damaged spinal cord
  • Traumatic burns as a result of being trapped in a burning car
  • Incapacity to move, communicate, or care for your own needs due to a severe brain injury
  • Broken pelvis
  • Ribcage damage
  • Bone fractures
  • Legs that were amputated in the collision or required urgent amputation
  • Whiplash 
  • Mental and emotional trauma

What are California’s Drunk Driving Laws?

In an attempt to decrease fatalities, the state of California employs one of the most robust DUI fines and legislation in the whole nation, which includes the following and are designed to keep drunk drivers away from the road:
  • California’s Zero Tolerance Legislation: Anybody on DUI probation or convicted of several DUI offenses is forbidden from driving with a blood alcohol content (BAC) level of 0.01 percent or above in any instance. Those violating this zero-tolerance regulation will have the right to drive suspended for up to three years on California roads. This statute also permits authorities to order those convicted of multiple DUI offenses to put an ignition interlock on their car for up to three years. This gadget measures the BAC level of an individual’s breath. When it determines that the amount of alcohol present exceeds the threshold set by a court or judge, it does not start the engine, prohibiting those intoxicated from driving. 
  • BAC Limitations in California: Adults not under DUI supervision must adhere to the 0.08 percent BAC threshold. Everything exceeding this threshold, in whatever measurement, is deemed legally drunk/intoxicated. The alcoholic beverage restriction is reduced for drivers under the legal drinking limit of 21, who are barred from driving with a BAC of 0.01 percent or higher. Commercial motorists cannot go with a BAC of 0.04 percent or higher.
  • Handling Alcoholic Drinks in California Automobiles: According to California legislation, adult drivers aren’t allowed to transport alcohol within their vehicles at any moment unless it has been tightly sealed and complete. If not, it ought to be stowed in the trunk. All available alcoholic drinks put inside the glove flap are still unlawful in California and ought to be done.
  • California DUI Charge (Using Substances Other Than Alcohol): Alcohol isn’t one of the substances that may interfere with a driver’s attention and response. In California, an individual may be penalized for DUI if an officer discovers that they are driving beneath the effects of narcotics, whether recommended by physicians or acquired illegally.

What Importance Does Drunk Driving Enforcement Play?

Arguably the most critical part of overall traffic safety is drunk driving enforcement. Implementing DUI laws is an efficient strategy to get drunk drivers off the road and discourage people from driving while intoxicated, mainly when checkpoints are widely circulated. Such checkpoints’ advertising informs drivers of the dangers of drinking and driving. Drivers are responsible for following traffic regulations and driving safely. If they consume alcohol while under the influence, they may risk criminal prosecution and civil litigation.    Checkpoints and other measures of DUI enforcement, such as enhanced inspections, can assist in catching drivers who could have gone unnoticed. These attempts may also discourage individuals from driving while intoxicated.   According to the National Highway Traffic Safety Administration (NHTSA), sobriety checkpoints produce the most effective recorded outcome among every regulation strategy. These security checkpoints are made known in advance by periodically checking cars to avoid prejudice or racial profiling.    Checkpoints must be performed orderly, with as little detention of stopped drivers as possible. When controlling a vehicle, law enforcement may only administer an outdoor sobriety or breath test if there is reasonable suspicion that the driver may have been drinking.  

What is the Compensation for Victims of Drunk Driving Accidents?

After losing a loved one or being wounded in a drunk driving accident, you may spend an extended period attempting to heal physically, psychologically, and emotionally. In most instances, you are unlikely to be able to return to your job, and the significant medical expenses that arrive in your inbox every day will add to the strain. Thankfully, you do not need to be held liable for an accident that happened through no fault of yourself. You should receive compensation, and these are just a few of the consequences your drunk driving accident attorney in San Diego, CA, will fight for on your behalf.
  • Medical bills
  • Ambulance fees
  • Consultants’ bills
  • Rehabilitation costs
  • Lost income 
  • Long-term care to patients requiring 24-hour home care or an extended nursing home or rehabilitation center stay
  • Suffering and pain
  • Asset losses that pay the cost of repairing or replacing the automobile
  • Emotional anguish
  • Dissatisfaction with life
  • The death of a loved one
  You may be eligible to claim compensation if a drunk driver caused a vehicle accident that wounded you or someone you love. A personal injury lawsuit may allow you to seek monetary reimbursement for car damage, medical bills, missed wages, psychological anguish, and other damages you have suffered.  

What are the Repercussions of a Drunk Driving Conviction?

DUIs, unlike most other driving-related charges, are often regarded as criminal offenses. The majority of DUIs are criminal offenses. However, incidents with extreme extenuating elements may qualify as felonies.   DUIs generally result in severe consequences, such as losing your license, significant monetary penalties, and the possibility of prison. State DUI laws also increasingly require convicted motorists to utilize ignition interlock devices (IIDs) for an extended time upon license restoration.  

Why Do I Need a San Diego Drunk Driving Accident Lawyer?

Most accident victims choose to engage a lawyer. Here’s why: the healing process is taxing and fraught with the opportunity to become frustrated and make a costly mistake. The most effective choice is to hire a San Diego drunk driving accident attorney. Here are the qualities you should look for in a top drunk-driving attorney:
  • Genuine Concern and Compassion: Accidents are awful life experiences someone can go through; you have endured physical injury, mental misery, mental anguish, and financial loss. You have the right to be ably represented by an attorney genuinely concerned about you and your family. An excellent lawyer knows that you and your loved ones are in turmoil and that your well-being physically comes first. Fortunately, we are client-centered and genuinely concerned about you at Benner Law Firm.
  • Knowledge of Federal Legislation: Everyone engaged in a legal matter can substantially benefit from a lawyer with extensive state law knowledge. Choosing an attorney well-versed in California law is a sensible decision since it raises the likelihood of a favorable outcome for you and your case. Benner Law Firm’s years of high-volume experience with state law is a proven advantage! Don’t hesitate to get in touch with us so that we can examine the circumstances of your issue.
  • Experience: Hire experienced legal representation whenever feasible. An experienced attorney has gained the skills, proficiency, and competency that can only be achieved by dealing with genuine cases. Many people have benefited from the assistance of our lawyers at Benner Law Firm. 
  Our team of drunk driving injury lawyers has extensive experience examining and presenting intoxicated driving injury and fatality lawsuits involving the drunk driver and any other person whose carelessness may have been linked to the tragedy. Call us immediately to examine your case!  

Call our Drunk Driving Accident Attorney in San Diego, CA, Now!

Drunk driving incidents can result in catastrophic death and life-altering complications, a horrific experience for anybody. Victims are entitled to compensation.    We at Benner Law Firm are committed to battling drunk driving. We assist victims in healing while raising consciousness about the hazards of drinking and driving by making drivers who are intoxicated responsible for their actions. Call us to book your free strategy session~    Benner Law Firm is a California-based legal practice that also provides services in the following areas:

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