Santa Barbara DUI Accident Victim Attorneys
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Our Santa Barbara DUI Accident Victim Attorneys Provide A Supportive Approach to Injury Cases
There’s no telling when a drunk driver might be behind the wheel in Santa Barbara. If you’ve been in an accident caused by a drunk driver, you may be entitled to pursue compensation. Allow the dedicated lawyers from Arash Law to help. Call us at (888) 488-1391 to talk to one of our Santa Barbara DUI accident victim attorneys.
Santa Barbara is one of the most notable cities in California. Located in Santa Barbara County, this distinctive city attracts visitors every month of the year. The city lies between the Pacific Ocean and the Santa Ynez Mountain range. Also, Santa Barbara sits on a part of the coast that faces south. Its mild climate and relaxing atmosphere have caused many visitors to describe Santa Barbara as being comparable to the French Riviera. Approximately eighty-eight thousand people call Santa Barbara home.
Unfortunately, Santa Barbara also has a deeply entrenched party culture, and alcohol consumption leads to many problems in the city. Some individuals who go out for a night of drinking might decide to get in their cars and drive while they are intoxicated. Our Santa Barbara accident victim attorneys are dedicated to helping drunk driving victims seek financial compensation for the injuries they suffered during a DUI accident in Santa Barbara.
Accident victims can consult an attorney if they’d like assistance with establishing the potential liability of the offending party. That said, if you’re suffering injuries from an accident caused by a negligent party, consider reaching out to our Santa Barbara injury law firm for a free case review.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense– BRIAN BEECHER
DUI Arrests Pose A Serious Threat To Public Safety In Santa Barbara
The California Office of Traffic Safety is an invaluable resource for those who are interested in learning about the rate of automobile accidents in California. Over 1,000 traffic deaths were caused by intoxicated drivers in the most recent year for which data is available, which accounts for thirty percent of all automobile accident deaths in one year. This percentage has been constant during the previous five-year period. Also, alcohol-related accidents accounted for over 27,000 physical injuries during the same year.
Our Santa Barbara DUI accident victim attorneys have seen many victims of drunk driving accidents suffer serious bodily injury or death. The following are some of the most common injuries suffered by those involved in a DUI accident:
- Internal hemorrhaging
- Organ damage
- Lacerations
- Puncture wounds
- Back injuries
- Neck injuries
- Spinal cord injuries
- Contusions
- Head wounds
- Traumatic brain injuries
- Bone fractures
DUI accident victims could also suffer psychological injuries even if they walk away from the accident scene with no serious bodily injuries. Survivors might experience post-traumatic stress disorder, depression, and anxiety. These victims may be unsure of how to begin to seek monetary compensation for their injuries. In this case, they can consider seeking help from DUI accident victim lawyers in Santa Barbara.
DUI Laws In California
Driving under the influence (DUI) is a criminal offense in California, and it is often classified as a misdemeanor. The following Vehicle Code sections are relevant to DUI arrests in California:
- California vehicle code section 23152(b) provides that it must be established beyond a reasonable doubt that the suspect was operating an automobile inside California while having a blood alcohol content greater than 0.08 percent.
- California vehicle code section 23152(a) states that it must be established beyond a reasonable doubt that the suspect operated the automobile within California while inebriated with drugs or alcohol and that the driver was unable to drive the automobile the way a reasonably prudent person would under similar circumstances.
Knowledgeable Santa Barbara DUI accident victim attorneys can further explain the intricacies of the laws involving drunk driving. Call us at (888) 488-1391, and we can answer your questions about DUI laws.
A Review Of DUI Statutes In California
In 1911, California codified its first DUI laws. During this time, the law only forbade driving while intoxicated. The statute contained ambiguous language, and some in the state wanted more severe DUI laws on the books. Mothers Against Drunk Driving promoted changes to California’s DUI statutes in the 1980s. Legislators drafted statutes that made it illegal for drivers to operate their automobiles while under the influence of alcohol or drugs.
These new statutes also made it against the law for any person to drive an automobile that had a blood alcohol concentration of at least 0.10 percent. The blood alcohol content level was decreased to 0.08 percent in 1989. Additionally, new laws were instituted that addressed specific penalties for those who caused victims bodily injury during a DUI accident.
Interpreting California Vehicle Code Section 23152
It is a serious violation of state law for any person in California to drive an automobile while under the influence of alcohol or drugs. This is because they may cause accident victims to suffer serious bodily injury or death. It is a violation of state law to drive with a blood alcohol content of 0.08 percent if the intoxicated driver causes an accident that results in bodily injuries.
Vehicle Code section 23153 also applies to specific acts of negligence. California law disallows operators from ignoring the law with a blood alcohol content of 0.08 percent that causes physical injury to another person. An operator of a motor vehicle is defined as being intoxicated if tests demonstrate that their blood alcohol content is over the legal limit within three hours of driving.
DUI accidents that cause injuries are associated with three elements: driving under the influence of alcohol or drugs, violating another traffic law, and causing bodily injury to another person. For the state to obtain a conviction, all three elements must be present. If the prosecution fails to prove any of these elements, a DUI conviction cannot be secured, though the defendant might still face other criminal charges. A person may face DUI-causing injury charges if it can be proven that they drove while intoxicated, cut off a driver, and subsequently caused an automobile accident.
Penalties and Sentencing Associated with DUI Causing Bodily Injury
Some of the penalties for committing the offense of DUI causing injury are monetary fines, jail time, and probation. If an individual is charged with a misdemeanor DUI causing injury, then they may face three to five years of probation, a one-year term in county jail, and a fine of $5,000. Courts may also require the defendant to attend an alcohol and drug education program for three months, nine months, eighteen months, or thirty months.
These programs are collectively known as California DUI School, and they must be approved by the court. Also, offenders who cause bodily injury to any person will often be legally obligated to pay financial restitution to those who suffered injuries during the DUI accident. Experienced DUI accident victim lawyers in Santa Barbara can help victims seek the compensation they may be entitled to in these circumstances.
DUI Offenses And Losing Driving Privileges
A driver may be arrested in Santa Barbara for driving under the influence. In such an instance, the officer will take the offender’s driver’s license and issue an order of suspension. The offender can obtain a 30-day driver’s license. After the 30-day period is over, the offender’s driving privileges could be suspended for one year for a second or subsequent DUI offense within 10 years. The suspension period may last up to four months for a first offender if the driver is twenty-one or older and has a blood alcohol content of 0.08 percent or more.
Underage drivers must adhere to a different standard of conduct. It is a violation of the law for any person who is younger than twenty-one years of age to drink alcohol. In 1994, zero-tolerance laws were instituted in California to reduce instances of youth drinking and driving. If the convicted person is younger than twenty-one years of age and has a blood alcohol content of 0.01 percent or higher, they will lose their driver’s license for one year.
Refusing To Submit To A Breathalyzer Test
California is home to implied consent laws, making it necessary for all drivers to submit to chemical tests of their urine, blood, or breath to see if they are under the influence of alcohol. If a driver refuses to submit to a chemical test, then the Department of Motor Vehicles (DMV) will suspend or revoke their license, regardless of whether they are convicted of DUI or not. For a first offense, there is typically a one-year suspension. For a second offense within ten years, the driver will receive a two-year revocation. A third or subsequent offense within 10 years will result in a three-year revocation.
The offender must submit financial payments to the DMV to reinstate their driver’s license. A court may also demand that the offender install an ignition interlock device on their vehicle at their own expense. Additionally, the DMV may require the offender to obtain an SR-22 certificate.
Santa Barbara And Criminal DUI Penalties
Offenders who are convicted of DUI could face monetary fines and jail sentences. California also has a ten-year look-back timeframe that increases penalties for those who have committed an offense within the past ten years.
The following are the maximum penalties for adult drivers with a blood alcohol content of 0.08 percent or higher. These penalties often apply to accidents in which no victims suffer any bodily harm or death. Different counties may have different penalties:
- A misdemeanor first offense may result in four days to six months in jail, a $1,800 fine, three to nine months of defensive driving school, and a suspended license.
- A second offense within a 10-year period may result in 10 days to one year of jail sentences, a $2,000 fine, and multiple offender alcohol school and driver’s license suspension.
- A third offense within ten years may result in jail time of four months to one year, a $2,000 fine, and multiple offender defensive driving school and license suspension.
- A fourth offense may be either a misdemeanor or a felony and result in 180 days to three years in jail, a fine of $2,000, and multiple offender alcohol school and license suspension.
Prosecutors can charge any DUI offense that results in bodily injury as a felony offense. Under this scheme, the offender must complete a DUI educational program. If a driver has a blood alcohol content of 0.15 percent or higher, then the penalties may be more serious.
Filing A Civil Lawsuit In Santa Barbara
DUI accident victims can file a civil lawsuit for drunk driving accident cases, which must be filed within the statute of limitations. The statute of limitations for personal injury actions in California is two years from the date of the injury. A DUI accident victim who suffers injuries in Santa Barbara generally has this much time to file a civil lawsuit against the negligent party.
Legal exceptions to the deadline may apply in certain cases, such as when a government official is involved. In such situations, a victim has six months to file a claim first with the government agency after the accident. If the claim is denied, they will have another 6 months to file a civil lawsuit. In other cases, when the victim is a minor, the time limit begins after they turn 18, which means they have until they turn 20 to file a civil lawsuit.
If they do not file within the legal time period, then they will typically be unable to seek financial compensation for their injuries through a lawsuit.
The Damages DUI Accident Victims May Claim In A Civil Lawsuit
With the help of skilled Santa Barbara DUI accident victim attorneys, victims may file a claim for economic and non-economic damages. In rare cases, the court may award punitive damages in a civil lawsuit to punish the defendant for extreme negligence and discourage similar conduct by others. The following are some examples of both economic and non-economic damages:
- Pain and suffering
- Loss of quality of life
- Property damage
- Out-of-pocket expenses
- Lost earnings
- Medical bills
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
The Serious Consequences Of DUI Accidents Resulting In Bodily Injuries
The validity of a civil case involving a DUI accident depends on the injured party’s ability to establish liability. Evidence of driver intoxication can demonstrate recklessness and negligence, but you still need to prove causation and damages. A first-offense DUI is generally a misdemeanor, except when the driver causes an accident in which another party suffers bodily injuries. Under these circumstances, the state might charge the driver with more severe penalties.
The elements listed below may cause the state to impose a harsher punishment on the defendant:
- The driver is on probation.
- The accident involves bodily injuries.
- The accident involved another automobile.
- The driver was traveling twenty-five to forty miles over the speed limit.
- Their driver’s license is suspended or expired.
- Children younger than fourteen were present in the car.
- The driver was charged with a hit-and-run.
- Blood alcohol test readings were 0.15 percent or higher.
- The driver incurred two to three DUI convictions in a five-year period.
Contact Our DUI Accident Victim Attorneys In Santa Barbara
Arash Law helps clients injured in DUI crashes seek financial compensation for their injuries. We have decades of experience handling various types of personal injury cases throughout California. Our car accident lawyers can assist in managing your DUI accident case so you can concentrate on recovering. Some tasks we can help with include handling all case-related communications with involved parties, negotiating a settlement with insurance companies, and collecting evidence such as details about the drunk driver or witness statements.
Our Santa Barbara DUI victim attorneys are ready to help injured victims across the city, including North State, San Roque, Upper East, Riviera, Waterfront, Alta Mesa, West Mesa, East Mesa, Oak Park, and more. We also serve victims in nearby cities and counties, covering Montecito, Hope Ranch, Isla Vista, Goleta, Ventura, Oxnard, Lompoc, Los Alamos, Santa Clarita, Thousand Oaks, Bakersfield, San Jose, and San Luis Obispo, as well as the rest of California. Contact Arash Law at (888) 488-1391 to schedule a free initial consultation.
