California Drunk Driving Accident Lawyers

Alvandi Law Group Can Help You Pursue Compensation

Drunk driving is a serious crime, and it can cause serious injuries to innocent people. If you were struck by a drunk driver, you deserve justice. The personal injury lawyers at Alvandi Law Group, P.C. can help you file a claim and recover the compensation you deserve.

Our team has the experience and skill to take on even the most complex cases. We can help you seek compensation for medical bills, lost wages, property damage, and pain and suffering.

Call (800) 980-6905 or contact us online to schedule a free consultation with our California drunk driving accident attorneys.

California DUI Laws

In California, driving under the influence (DUI) laws are stringent and are enforced to maintain road safety and deter impaired driving. California Vehicle Code Section 23152 outlines the primary DUI offenses. It is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is lower at 0.04%, and for drivers under 21, any detectable BAC is grounds for a DUI charge, reflecting the zero-tolerance policy for younger drivers.

California also enforces "per se" DUI laws, meaning that a BAC of 0.08% or above is considered conclusive evidence of impairment, regardless of how the driver appears. Additionally, drivers can be charged with DUI if their ability to drive safely is impaired by alcohol or drugs, even if their BAC is below 0.08%. This includes impairment from prescription medications, illegal drugs, or over-the-counter substances.

Who is Liable in a Drunk Driving Accident?

After a drunk driving accident, the driver who caused the accident is liable for the damages. However, in some cases, other parties may be partially responsible.

For example, if the driver who caused the accident was distracted, their employer may also be liable. If the driver was over-served at a bar, the bar may be liable for the damages.

Here are some parties that may be liable in a drunk driving accident:

• The driver who caused the accident
• The driver’s employer
• A bar or restaurant that over-served the driver

How Do I Prove a Drunk Driving Accident Case?

In a personal injury lawsuit, the burden of proof falls on the plaintiff. In other words, you must prove that the driver who struck you was drunk and that their intoxication caused the accident.

Here are some types of evidence that can be used to prove a drunk driving accident case:

• The police report: The police officer who responded to the accident will likely make note of the at-fault driver’s behavior, such as slurred speech or the smell of alcohol on their breath.
• Witness statements: If there were any witnesses to the accident, their statements can help establish that the driver who struck you was drunk.
• Video footage: If there were any video cameras in the area, the footage may show the driver who struck you leaving a bar or restaurant and getting into their vehicle.
• Cell phone records: If the driver was using their cell phone at the time of the accident, their cell phone records can help establish that they were drunk.
• Field sobriety test results: If the driver was given a field sobriety test, the results can help establish that they were drunk.
• Chemical test results: If the driver was given a breath or blood test, the results can help establish that they were drunk.

Our California drunk driving accident lawyers can investigate your accident and gather the evidence needed to prove your case. We can also bring in expert witnesses, such as accident reconstruction experts and medical experts, to testify on your behalf.

What is the Difference Between a Criminal and Civil Case?

After a drunk driving accident, the at-fault driver will likely face criminal charges. However, the outcome of the criminal case will not impact your right to compensation.

In a criminal case, the prosecutor must prove that the driver was drunk beyond a reasonable doubt. In a civil case, you must only prove that the driver was drunk by a preponderance of the evidence, or that it is more likely than not that the driver was drunk.

If the driver is convicted of drunk driving, it can be used as evidence in your civil case. However, if the driver is not convicted, you can still pursue compensation.