The state of California has heavy penalties in place for DUI offenders. These laws are in place to discourage drivers from getting behind the wheel while intoxicated. A drunk driver can destroy lives in an instant. Despite these penalties, many injuries are still sustained each year due to driving while intoxicated. Here is a list of some of the penalties in place in the state of California.
The minimum penalty for a first-time offender (assuming no one is hurt or killed) includes:
- $1,800 in fines and assessments
- 2 days in jail or 3 months with a restricted license (only driving back and forth to work or treatment is allowed)
- 3 to 9 months of mandatory treatment (depending on BAC) which costs about $500
- Loss of license for 30 days (the restricted license begins after this period)
These penalties quickly escalate for second and third-time offenders. However, if someone is hurt or dies as a result of the DUI, penalties may include a felony that will result in prison time. Depending on whether the person was a previous offender, the minimum sentence will be somewhere between one and five years.
If You or a Loved One Has Become the Victim of a Drunk Driver
If you have been hurt or have tragically lost a loved one due to someone driving under the influence, you deserve to be compensated for all of your losses. This can include lost future wages, medical costs, pain and suffering, and more. The compassionate lawyers at Petrov Law Firm can help you to handle these sensitive matters when you may not mentally be in a position to seek a reasonable settlement yourself. Let us help you start to put the pieces back together. In many wrongful death cases, we only get paid if we win for you. Just call 619-344-0360 for help in the state of California.Read More
With spring break in full tow, undoubtedly there is plenty of partying going on, especially from young folks reveling in their first semester accomplishments. It is during holidays and celebratory times such as these that we all must be more cautious and mindful when on the road. The chance of a run-in with an intoxicated driver is likely higher when there are more reasons to celebrate.
Drunk driving laws make it illegal nationwide to drive with a blood alcohol content at or above 0.08% for people of legal drinking age. There is also a no-tolerance law for drivers under 21, meaning there is no allowable level of BAC for this age group. Accurate BAC is determined with a blood test (analyzed at a lab) or breathalyzer administered by the onsite officer.
Incidents of drunken driving have decreased in the past few decades due to strict laws and higher awareness and education. The ease of access and availability of hired transport (such as taxi cabs, Uber, and Lyft) have also helped to lower the occurrences of intoxicated drivers on the road. However, accidents involving alcohol influence still do occur and are often injurious or fatal.
Should you or a loved one get involved in a vehicular accident involving alcohol, seek the advice and assistance of an experienced personal injury attorney immediately. Your injuries will likely require medical attention and you are entitled to have all your costs covered by the other party’s insurance. A personal injury lawyer will represent you if your case end up in the court of law, as is often the case with alcohol-related car accidents.Read More
If you were injured by a drunk driver, your losses will be reviewed by the criminal court throughout the course of the trial. However, with an over-burdened criminal system, you need your own attorney to ensure that the driver is held responsible for both your current and future losses.
Because your medical costs are easy to determine, those costs easily go into evidence. You will need your own attorney to fully calculate any future losses and submit those as part of the case.
Future losses typically include long-term lost wages due to injury and future medical costs. In all injury cases, these losses are first covered by the insurance policies (the driver’s policy, and perhaps, your policy). Then, any additional losses (those beyond the financial limits of the insurance policies) are covered by the driver’s assets such as savings and future earnings.
In drunk driving cases, there are generally more losses to cover – more injuries, more cars totaled, more property damaged. Your future losses need to be quickly and properly calculated by your attorney and entered into evidence as part of the case. If you wait, there might not be any money left when you try to claim a loss a year after the accident.
In addition, with a criminal case, the driver might be headed to jail. If the drunk driver is behind bars, there will be no future earnings you can levy to cover your losses. You need a personal injury attorney now to ensure you get your fair share of any settlement before there is nothing left.Read More
As we approach the upcoming Labor Day Holiday, we reference AAA’s recent study that projects a significant increase in highway traffic over the holiday weekend. AAA predicts more than 30+ million Americans will travel more than 50 miles away from home over the holiday.
This rise in auto traffic is determined to be at its highest since the recession. The study projects that the increase is due to both the economy and increasing costs for air travel.
The major factor this year is more people will be traveling by car rather than air. This increase in auto traffic can bring an increase in accidents, injuries, and deaths as more people are trying to get to their destinations.
Labor Day is considered by most Americans to be the final fun event before school begins. Unfortunately, there is a noted flux and increase in the number of drunk drivers and related accidents.
Approximately 300+ travelers lose their lives in accidents. Approximately 40% of wrongful death accidents will involve alcohol. On that note, we offer some helpful safety recommendations to help keep you and your family safe through the holiday weekend:
Abstain from using your cell phone when behind the wheel – leave your phone alone when driving.
Make sure all passengers in your vehicle are buckled up and children are in age-appropriate safety seats.
Children 12 and under should always be seated the back seat.
Allow plenty of travel time to avoid frustration and diminish any impulse to speed.
Always drive defensively, stay alert, and exercise caution, especially during bad weather.
Never drive when drowsy. Pull over to rest often as needed in order to drive safely.
Designate a non-drinking partner to drive when appropriate.
Keep in mind even moderate consumption of alcohol impairs reaction time and driving judgment.
We urge all drivers to stay alert, drive defensively, and stay safe.Read More