california drunk driver dui lawyer

It is extremely negligent to drive while intoxicated (DWI) or to drive under the influence (DUI) of alcohol or drugs. Someone who chooses to drive while intoxicated puts themselves at risk, as well as every other driver at risk of an injury or death. According to the most recent statistics show that there were nearly 1,500 alcohol-involved deaths in 2007.  Every year drivers like these are the cause of many injuries and fatalities. Contacting a California drunk driver DUI lawyer at Amerberg Law Group can be the difference in receiving the compensation you deserve. Our Personal Injury Lawyers are experienced and dedicated in finding all information to help your case.

 California’s Definition of a DUI

California’s drunk driving laws are pretty similar to those across the United States, which prohibits someone from driving when their blood alcohol concentration (BAC) is a 0.08% or more. This is the normal measurement that all states use to be able to classify the driver as “impaired”.

In the State of California it is illegal to do the following:

  • Drivers 21 years old or older operating a regular passenger vehicle with the blood alcohol concentration of a 0.08% or higher
  • Drivers operating a commercial vehicle with the blood alcohol concentration of 0.04% or higher.
  • Drivers under the age of 21 are not permitted to drive with the blood alcohol concentration of 0.01% or higher (The Zero Tolerance Law)
  • The state’s DUI laws also includes medications such as drugs that contain alcohol in them (for instance cough syrup), prescription medications, as well as over the counter medications.  
  • Drivers under the age of 21 are not allowed to consume alcohol in any form, this includes prescription drugs and cough syrup.

Repeat offenders are not allowed to drive with a blood alcohol concentration of 0.01% or more.

DUI Penalties under the Age of 21

California’s Zero Tolerance Law will not allow drivers younger than the age of 21 to have the blood alcohol concentration of a 0.01% or more. Drivers under the age of 21 deal with two types of alcohol related crimes that affect their driving privileges. Such as a violation of the Zero Tolerance Law as well as being a minor in possession of alcohol. If you are under the age of 21 it is illegal to have alcohol in your vehicle except if the container is still sealed and unopened. You must be in the presence of a parent or legal guardian or work for a person who has an off-site liquor license.

Breaking this law can result in:

  • Fines up to $1000 dollars
  • Suspension of your license for a year (Admin Per Se Laws)
  • Criminal Charges
  • Mandatory attendance of a DUI school/program

DUI Penalties over the Age of 21

First Offense:

  • Instantaneous license suspension
  • Can spend up to six months in jail
  • Can be charged up to $1,000 dollars in fines in addition to legal fees and fines.
  • The fee to reissue your license costs $125 dollars
  • Required to file for your SR-22
  • Mandatory attendance in a DUI school/program
  • Installment of an ignition interlock device that requires the driver to blow into a mouthpiece on the device before starting the vehicle.

Second and Succeeding Offenses:

  • Second or subsequent DUI offenses can result in your license being revoked or suspended
  • More expensive fines
  • Facing longer jail time in addition to a DUI program
  • Required to file for SR-22

What happens if somebody is injured or killed in a DUI?

In the state of California drunk driving is always a criminal offense. If someone dies or is injured due to the neglect of the driver under the influence of alcohol, or while their blood alcohol concentration is a 0.08% or more, the driver can be held accountable and charged with a felony. If the driver responsible for the accident is legally intoxicated we can also pursue exemplary or punitive damages, which can increase the amount of compensation that a victim can collect.

Compensation for those affected by Drunk Driving

If you are a victim of Drunk Driving and have been involved in an accident, you should immediately speak with one of our Lawyers here at the Amerberg Law Group. To ensure that you have a claim follow these steps:

  • Contact us immediately, and please do not communicate with any insurance adjusters until you have spoken with one of our attorneys.
  • Do not accept any medical advice given to you by insurance companies. Consult with a doctor to get an accurate evaluation of your injuries.
  • Do not provide the insurance company with a recorded statement, your lawyer here at the Amerberg Law Group should handle all communications.
  • Do not share your private medical history with the auto insurers
  • Do not take the first settlement that comes your way, your lawyer at the Amerberg Law Group will review the offer and pursue your best interests.

Although the criminal justice system can penalize the drunk driver who caused the accident, it does not compensate the victims of the accidents that the driver caused. This includes the victim’s parents, children, siblings, spouses, friends and many other loved ones affected by such a tragic event.  Usually claims can be made for an atonement due to loss of revenue because of time taken off work, pain and suffering, property damage, disability, and any other trauma that can be associated with the accident ( for example PTSD).  By contacting one of our skilled attorneys at the Amerberg Law Group you can take your first step towards getting the compensation that you deserve.

If you or a loved one is the victim of a drunk driving accident please do not hesitate to contact our California drunk driving accident lawyers at the Amerberg Law Group. Call us for a free consultation now at 833-338-HURT.

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Here at Amerberg Law Group we are prepared to answer any legal questions you may have concerning your case. We offer completely free and confidential legal consultation and case evaluation from one of our trusted California personal injury lawyers. Schedule your consultation by calling toll free: +14244335363

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