It has been proven beyond doubt that the
presence of alcohol in a person’s bloodstream will affect his or her ability to
drive in a safe manner substantially – depending on how much alcohol is in in
your system. Therefore every state has declared it illegal to drive under the
influence, which is a crime punishable by law. This is why an accident caused
by a drunken driver is seen as a far more serious matter in the eyes of the law
than if the same accident were to be caused by someone who was sober.
Well, it depends on the type of wreck
and what happened but you hopefully get the point.
Penalties
for DUI accidents
In every state the maximum legal BAC or
blood alcohol limit is 0.08%. Therefore, anyone who operates a motorized
vehicle with a blood alcohol content of 0.08% or higher is technically driving
under the influence, say Fresno, CA drunk driving accident lawyers. When you
cause a drunk driving accident, then prosecutors will process your charges
accordingly and you will be assessed in a court of law for DUI
accident penalties.
If you are pulled over and found to be drunk
driving, you will be charged with a misdemeanor, which attracts lighter
penalties since there was no accident, injuries, or property damage. However, a
drunk driving accident is a very serious charge that is upgraded to a felony.
The penalties for a drunk driving accident include long jail sentences, stiff
fines, and probation in the event of the accident causing serious injuries
and/or property damage.
DUI accident penalties can broadly be
classified into two categories – administrative penalties and criminal
penalties.
Administrative
DUI accident penalties
Depending on the specifics of the case
and/or arrest, administrative penalties include license suspension and
accumulation of DUI points. This is unless you are the drunken and pathetic Detective
McNulty in The Wire who gets into accidents when no one is around, no one
knows, and it may help that he was a cop at the time, albeit a disorganized and
wreck less one. It does not matter if you solve crimes (though he created
crimes too on a number of levels) if you are not trustworthy and a poor example
on how someone with a badge should act. Stop driving drunk!
For the first, second, and third drunk
driving offense with a BAC of at least 0.08%, convicted drivers will have
driver’s license suspended for 9 months, 1 year, and 2 years respectively,
according to drunk driving accident attorneys in central California.
For the first, second and third DUI/DWAI
conviction, the driver will be handed a license suspension of 9 months, 1 year,
and 2 years respectively in addition to the accumulation of between 8 to 12 DUI
points.
Criminal
DUI accident penalties
Apart from license suspension and the
accumulation of DUI points on your license, there are other more severe
repercussions of a drunk driving accident conviction. These are the criminal
penalties which include jail time, fines, and community service. You do not
want to have to need a Fresno, CA drunk driving accident lawyer.
Depending on the whether the accident
was a result of a first time DUI or a repeat DUI and if it involved underage
DUI, the punishments will vary accordingly.
For a first DWAI, jail time may be
anywhere between 2 days and 180 days while the penalties also include a fine
ranging from $200 - $500 dollars in addition to 1-2 days of community service,
caution Fresno, CA drunk driving accident lawyers.
On the other hand, for a third offense
DUI or DWAI accident, jail time, fines can go up to $1,500 dollars and
community service can last for 120 hours.
In addition, a victim in a drunk driving accident has the right to claim
compensation through a personal injury or wrongful death lawsuit.
If you have been charged or have been wrongly charged in a DUI accident,
there are many ways in which you can disprove the claims and the evidence of
the prosecution. However, you need to reach out to a California drunk driving
accident lawyer as soon as possible.
You may feel your luck has ran out but
that is not quite the truth. If you caused a drunk driving accident you did
make a mistake but your life is no over with. There has been a digital tool
created in the form of a website that enables you to find legal help. It is Drunk-Driving-Accident.USAttorneys. Do not panic. You
may not be as guilty as you think.
