DUI ACCIDENTS - SAN DIEGO DUI ATTORNEY GROUP

DUI accidents can be egregious offenses since people are injured and fatalities occur. Alcohol is a factor in a large percentage of fatal accidents. Even if you have been drinking, however, you are not necessarily liable for the accident nor should you be charged with DUI in many cases.

A DUI with accident is a “wobbler” and can be charged as either a misdemeanor or felony. If you were arrested for DUI along with causing an accident, contact one of our highly experienced defense lawyers from the San Diego DUI Attorney Group.

DUI accidents are covered under CVC Section 23153:

“(a): It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.

(d) It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.

(e) It is unlawful for a person, while under the influence of any drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(f) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(g) This section shall become operative on January 1, 2014.”

DUI with Accident as Misdemeanor

In a property only accident, you are obligated to provide the other motorist or property owner with your identifying information. If you are suspected of drinking, you will likely be asked to perform the FST or coordination tests and to blow into the PAS. Unless you are under the age of 21 or are probation for a prior DUI, you may refuse to perform these. You do have to take the breath test if asked under the state’s Implied Consent law or you will face certain penalties such as loss of your license for one year.

Most DUI with property damage only accidents are charged as misdemeanors unless you have had three prior DUI convictions in the past 10 years. Causing an accident, however, entitles the court to enhance your sentence:

For a first DUI offense with accident, a typical sentence may include:

• 5 days in county jail with maximum of 12 months
• Fine between $390 and $5000
• DUI program from 3 to 30-months
• 1 or 3-year suspension of driver’s license

If this is not your first DUI conviction, you face additional time in jail and other consequences depending on the number of past convictions.

Felony DUI with Serious Injury

A DUI with a serious injury is an extremely serious offense since your conduct may be considered grossly negligent or which exhibited willful indifference to the safety of others. Consult a highly trained and experienced defense attorney from the San Diego DUI Attorney Group if you are arrested since you will likely face felony charges and state prison time.

A serious injury can be loss of consciousness, a broken bone, deep lacerations as well as injuries that require extensive medical care. A probable sentence may be:

• 2, 3 or 4 years in state prison
• 3 to 6 years more if victim suffered serious bodily injury
• An added 1 to 3 years for each additional person who sustained any kind of injury
• Fine of $1,015 to $5000
• Habitual Traffic Offender status for 3 years
• DUI program for 18 to 30-months
• 5 year loss of driver’s license
• A strike pursuant to California’s 3-strikes law

Contact an attorney from the San Diego DUI Attorney Group for any DUI arrest. If you have to plead, our attorneys can possibly negotiate with the DA an alternative to state prison. This includes participation in a home monitoring or SCRAM program or performing extensive community service.

Child Endangerment

If you caused an accident while having a minor passenger in your car under the age of 14, you face a charge of child endangerment, which can be a felony under the state’s child endangerment law. If convicted, you face up to 6 years in state prison. This offense is found under PC 273a:

“Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health may be endangered, is guilty of a misdemeanor.

(c) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:

(1) A mandatory minimum period of probation of 48 months.

(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.

(3) (A) Successful completion of no less than one year of a child abuser's treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.

(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendant's changed circumstances, the court may reduce or waive the fees.

(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her probation officer.

(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver. If a fatal accident occurred, the DA can charge you with either felony DUI under CVC 23153, or gross vehicular manslaughter or vehicular manslaughter. The latter is a “wobbler” and may be charged as a misdemeanor.”

DUI with Fatal Accident under PC 192

Under PC 192, the DA can charge you with vehicular manslaughter as a misdemeanor or with gross vehicular manslaughter as a felony. The code section is as follows:

“PC 192: Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:

(a) Voluntary--upon a sudden quarrel or heat of passion.

(b) Involuntary--in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.

(c) Vehicular--

(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.

(2) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.

(3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent prosecution of a defendant for the crime of murder.

(d) This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to a felony, or of the commission of a lawful act which might produce death, in an unlawful manner.

(e) "Gross negligence," as used in this section, does not prohibit or preclude a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson (1981) 30 Cal.3d 290.

(f) (1) For purposes of determining sudden quarrel or heat of passion pursuant to subdivision (a), the provocation was not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship. Nothing in this section shall preclude the jury from considering all relevant facts to determine whether the defendant was in fact provoked for purposes of establishing subjective provocation.

(2) For purposes of this subdivision, "gender" includes a person's gender identity and gender-related appearance and behavior regardless of whether that appearance or behavior is associated with the person's gender as determined at birth.”

• Gross Vehicular Manslaughter under PC 191.5

You can also be charged with gross vehicular manslaughter pursuant to PC 191.5:

“191.5. (a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.

(b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence.

(c) (1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years.

(2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or four years.

(d) A person convicted of violating subdivision (a) who has one or more prior convictions of this section or of paragraph (1) of subdivision (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted of Section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of 15 years to life.

Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision.

(e) This section shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290.

(f) This section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner.

(g) For the penalties in subdivision (d) to apply, the existence of any fact required under subdivision (d) shall be alleged in the information or indictment and either admitted by the defendant in open court or found to be true by the trier of fact.”

Gross conduct is that which displays a willful indifference to the rights and safety of others. Examples are excessive speeding, fleeing police or having a highly elevated BAC.

Sentencing For Vehicular Manslaughter

Gross vehicular manslaughter:

• 4, 6 or 10 years in state prison
• If a prior DUI conviction for same offense or at least 2 prior DUI convictions—15 years to life
• Fine up to $10,000

Vehicular manslaughter:

• Up to one year in jail
• 16 months or 2 or 4 years
• Fine up to $1,000

Defenses to DUI Accidents

There are a number of defenses that our attorney can present based on the circumstances of your case:

• You did not cause the accident
• No proof that you were driving the vehicle
• Insufficient evidence that you were intoxicated or impaired at the time of the accident
• Someone else’s negligence or gross negligence caused the accident
• The injuries do not constitute serious bodily injury
• Flaws in the testing procedure
• Lack of certification by technician

A DUI with a serious injury accident can result in severe and substantial penalties that can lead to years of incarceration and affect your life permanently. Immediately contact one of our highly experienced lawyers from the San Diego DUI Attorney Group if you are charged.