Having an accident associated with a DUI is the worst-case scenario a person can find themselves in, and indicates a high level of dangerousness to the police and prosecutors. In addition, defendants who pose a threat to the public are punished harshly.
In some cases, an individual who was driving under the influence will get involved in an accident that was not their fault, but the police will assume that it was simply because they were intoxicated.
Sometimes bad injuries are not the fault of the defendant, but rather the fault of a third party or the injured driver.
This a huge issue, because causation in DUI cases is a potential defense; if it can be shown that a DUI defendant did not cause any injuries, then they cannot be charged with felony DUI.
If an individual who has been convicted of a alcohol DUI-related accident cannot afford to pay for the damages caused, criminal restitution will be ordered against them in DUI court.
If someone has been involved in a DUI-related accident, they need to obtain the best attorney possible in order to increase their chances of staying out of jail and protecting their record.
Impact Of An Accident DUI Charges
The sentence that accompanies a DUI charge will be significantly worsened if the defendant caused an accident that resulted in another person getting injured. In all likelihood, a defendant would be charged with a felony DUI.
If the injury was serious enough, the defendant will face a minimum of 90 days in jail, felony probation, and conviction for the DUI.
If the defendant caused another individual to sustain great bodily injury, then they could face up to six years in prison. Additionally, any crime involving great bodily injury is a strike that will without exception remain on a person's record for life.
Anyone who is dealing with a DUI-related accident needs to obtain an attorney like myself, who has handled thousands of DUI cases over the course of 25 years. I can anticipate which arguments the prosecutors will make and I will know how to counter them.
Together, we will go over everything step by step and start putting the moves in place.
Penalties For DUI With An Accident
A DUI in Los Angeles can be accompanied by fines ranging from $390 to $1,000. In addition, there's a 200 percent penalty assessment on all fines in Los Angeles County, which can bring first-time DUI fines up to $2,000.
Second and subsequent DUI charges can result in jail or prison sentences, mandatory community service, Cal Trans Community Labor, and mandatory attendance to a Mothers Against Drunk Driving class.
Defendants can also be required to visit hospitals and morgues and write an essay about their experience. In some cases, a defendant may have to wear a SCRAM bracelet, which will send an alert if they consume any alcohol. There are many different punishments at the disposal of judges and prosecutors in LA County DUI cases.
In order for an individual to have the best chance of combating their charge, they need to obtain a defense attorney who will carefully review all of the details of their case and ensure that the police report was written accurately, because oftentimes they contain mistakes that can negatively impact a defendant.
DUI Conviction Impact On Professional License
The way in which a DUI with accident conviction will impact a professional license in Los Angeles County will depend on the type of license; there are no hard and fast rules, as each licensing board creates their own standards, some of which are much more rigid than others.
Surprisingly, the courts don't typically get involved with licensing issues in these cases.
If an individual is concerned about losing their professional license as a result of being involved in a DUI-related accident, they should speak with a DUI defense attorney who can contact an administrative attorney and take action on their behalf as soon as possible.