ACCIDENTS AND DUIs
An accident with a DUI is far more than potentially three points. DUI accidents are one of the most punitive areas of DUI law. A person who suffers a loss, either monetary through damage or destruction of his/her property and/or a physical injury or death, is a “victim” in the eyes of law. Victims are constitutionally protected in California in the sense that they are entitled to be made “whole” for the damages that they suffered as a result of a crime.
If you were involved in a DUI arrest based on a DUI accident, you must be extremely cautious, because if any person was injured, except you, even if the injury was slight, the charges that you may face can be far more serious, 23153 (DUI causing injuries), compared to 23152, just a DUI. The consequences are severe: a first time conviction for 23153 results in a one year suspension, compared with at most a 30 day “hard” suspension from a first offense DUI with no injuries. In addition, you cannot discharge (avoid through a bankruptcy filing) DUI related damages. Willful failure to pay such damages is punishable by jail. Worst of all, a DUI with an accident in which you caused injuries could be a felony and not a misdemeanor.
If your DUI arrest involved an accident, your DUI defense should involve a thorough review of the police investigation. Many times, a substandard or insufficient investigation can benefit you. As a result an experienced DUI attorney can exploit the flawed investigation to minimize any consequences that you may face!
If the police have poorly documented any injuries, the district attorney, when reviewing the police reports to make a determination as to what charges to file in court, may be unaware of the accident, or at least, of the injuries.
One way of having a “glimpse” of what to expect in a DUI accident case is, before court, to monitor the claims being made to your insurance company against you. By remaining in close contact with your insurance company adjuster, you can learn what claims, if any, are made, and whether or not the other parties have retained attorneys. Obviously, if more than just property claims are lodged, ie claims involving personal injury, and/or attorneys are retained, you must realize the potential severity of your situation.
Please remember: if you are involved in a DUI accident, with or without injuries, victims have rights guaranteed by the California Constitution to be made whole for their damages. Before going to court, you should endeavor to obtain a letter from your insurance company stating that all third party claims have been paid. A judge may ask you to provide proof that all damages have been paid when your case is resolved. If your DUI accident involved injuries, be wary of obtaining any letter from your insurance company mentioning third party injury claims. Such language would otherwise alert a district attorney who was unaware of the injuries about the seriousness of the DUI.
Be aware that once you resolve your case in court, if you were involved in a DUI related accident, the judge upon his/her own motion or one from the district attorney, may refer your case to the probation department for a report concerning “restitution” (damages) owed to the victim.
Given the complexity of the issues and severity of the consequences, you should seek competent advice from an DUI lawyer about your DUI accident and DUI defense. Attorney Mark Blair has over 26 years of DUI experience and has helped thousands of persons who have suffered a DUI arrest or DUI accident. Please call Mark at (415) 664-4343 as soon as possible for a free, informative and confidential consultation.