Although breathalyzer tests have a 50% margin of error, officers are not afraid to use the results to make an arrest. Depending on the nature of the crime committed, the state may treat driving under the influence (DUI) as a misdemeanor or felony, tainting the defendant's criminal record. Being charged with a DUI can ruin a person's life. Fortunately, a skilled DUI lawyer can help.
At Goss Law, we have extensive expertise in fighting greedy prosecutors, who are often quick to steer the fate of criminal cases for their career progression. Our skilled DUI lawyer knows how to build a strong defense and protect the defendants' rights in Sacramento, California.
Don't let prosecutors triumph over you. If you're facing DUI charges after a car accident, contact Goss Law and our criminal defense attorneys today to discuss your case and take control of your life! Our team can guide you through what to expect at a dui arraignment in CA.
What Are the Penalties for DUI Charges After an Accident in California?
Under the criminal justice system, there are several types of punishments for DUI offenders. This varies from one case to another, depending on the severity of the offense.
If a person is charged with a DUI, it could be a misdemeanor or a felony. Typically, uneventful DUI arrests often lead to misdemeanor DUI charges. However, any aggravating circumstances can turn such offenses into a felony.
The following are the punishments according to the different DUI charges:
First DUI Offense
Under California's DUI laws, the offender's first DUI offense is a misdemeanor. They may face up to six months in county jail, a maximum fine of $1,000, and a 10-month driver's license suspension.
Sometimes, the court may require the defendant to attend a few months of DUI school or an education program.
Second DUI Offense
If a person is charged with a DUI for the second time, the state may charge it as a misdemeanor. However, the penalties will be much harsher than a first DUI offense. In such situations, the offender may receive up to a year in jail and face hefty fines of around $1,000.
A second DUI offense may also result in a maximum two-year driving license suspension and the need to attend DUI school.
Third DUI Offense
A third DUI charge on one's record is still a misdemeanor but could result in greater penalties, including a maximum of one year in prison, up to a $1,000 fine, and a three-year driving license suspension in addition to attending DUI school.
Four DUI in 10 years
DUI charges for the fourth time within 10 years may lead to a felony. Punishments include up to three years in prison and a maximum fine of $10,000.
A DUI Involving an Injury
A DUI accident that results in an injury (Vehicle Code § 23153 VC) is a serious offense that can lead to felony charges. These crimes are often punishable by four years in prison and a maximum fine of $10,000.
At the same time, the offender may face up to five years of license suspension and receive a Habitual Traffic Offender (HTO) status for three years.
A DUI Following a Felony DUI
A DUI charge following prior felony DUI convictions is a felony offense. It's punishable by up to three years in prison and a $10,000 maximum fine.
Vehicular Manslaughter While Intoxicated
The California Penal Code 191.5(b) treats vehicular manslaughter while intoxicated as a wobbler offense.
Under the law, the state can treat the crime as a misdemeanor (up to one year in jail) or felony (up to four years in prison), depending on the facts surrounding the criminal case.
Gross Vehicular Manslaughter While Intoxicated
Drunk driving involving gross negligence is a felony if it results in vehicular manslaughter. As per the California Penal Code 191.b(a), the penalties may include up to 10 years in prison and a maximum fine of $10,000.
Murder
An offender with prior DUI convictions who has been warned about the dangers of drunk driving commits a felony crime if it causes a death. Under the California Penal Code 187, the minimum jail sentence is 15 years without probation.
How Do DUI Charges Affect the Offender's Life?
The impact of DUI cases extends beyond one's personal life. There are many ways it can affect the offender, some of which include the following:
Career opportunities: Many employers conduct a background check before hiring an individual. A tainted criminal record, especially DUI charges, can make it challenging for the person to secure a job. This can also adversely impact their financial situation.
Relationships: A person charged with a DUI may face difficulties securing a bank loan, as the crime may affect one's credit score.
Education: A minor or young adult may find it challenging to secure a seat at a prestigious educational institution after it finds out about the applicant's DUI arrest. It can also make it difficult for them to receive scholarships or financial assistance.
Driver license suspension: DUI cases often result in a driver's license suspension. Those whose primary job responsibilities require them to drive may risk losing employment following a DUI case.
How Long After an Accident Can You Be Charged with DUI in CA?
When police officers arrive at the accident scene, they'll investigate the parties involved. If they have a reasonable suspicion to believe that someone was drunk driving, they may request blood or breathalyzer tests before making an arrest.
It's highly unlikely that law enforcement officers will allow the person to drive, especially if they believe that the individual may be a danger to other road users.
In a different scenario involving a drunk driving accident where the police officers do not make an arrest, the driver may face DUI charges later on down the road. That said, the state has limited time to pursue a criminal case.
The statute of limitations is a law that sets a time frame in which the government can file criminal charges against an offender. Failing to pursue a case within the deadline can bar the state from bringing legal action.
Under the California statute of limitations, the government has one year to pursue misdemeanor DUI offenses and three years to bring a criminal case for a felony. However, there are certain exceptions to these rules.
According to the California Penal Code §799, there is no statute of limitations for criminal charges punishable by death or life imprisonment. Also, any crime with a minimum penalty of eight years in state prison has a six-year statute of limitations.
For example, the state can pursue criminal charges for an intentional car accident that results in murder at any time, as there may be no time limit to such an offense.
Can Police Officers Charge a Driver with DUI Days After the Car Accident?
Law enforcement officials can charge a driver with driving under the influence days after the incident. Police officers may use CCTV footage, witness accounts, and other evidence to make an arrest, allowing the state to pursue the criminal case well after the crash.
When DUI accidents happen, the drivers must stay at the location of the incident before law enforcement officials arrive. Leaving the accident scene can lead to a hit-and-run, which may result in greater consequences.
What Should Defendants Do After a DUI Car Accident in California?
After a DUI car accident, it's essential for the defendant to stay at the location of the incident and call for medical help if required. At the same time, they should just wait for the police officers to arrive, as fleeing can be an aggravating factor.
Law enforcement officials may question the driver suspected of driving under the influence. At this stage, defendants need to understand that police officers cannot incriminate them without further evidence. The best thing to do is to invoke one's right to remain silent while requesting the best DUI lawyer in Sacramento.
Drivers may answer some questions without getting too much into the details of how the DUI accident occurred. Apologizing or accepting liability may be interpreted as an admission of crime, making it challenging to fight the criminal case in court. A skilled DUI attorney can guide defendants on how to tackle such situations.
Work with an Experienced DUI Attorney to Fight the Misdemeanor or Felony Charges!
A DUI conviction can completely turn a person's life around. The consequences may vary from jail time to fines, license suspension, and education programs. In addition to that, a tainted criminal record can negatively impact career opportunities and relationships.
If you're facing a conviction for a DUI accident, you don't have to fight alone. Goss Law and our criminal defense lawyers understand the impact such criminal charges can have on your life, which is why we are ready to defend your rights aggressively.
Call us to schedule a free consultation with our skilled DUI attorney. We will assess the facts surrounding your DUI case and fight to have the charges reduced or dismissed!