What Is Impaired Driving?
Impaired driving refers to operating a vehicle under the influence of alcohol and/or drugs. California law, Vehicle Code 23152 (f), considers a person impaired if their physical or cognitive abilities are altered, regardless of the specific drug involved.
Driving under the influence is one of the most frequently charged criminal offenses in California and causes more than half of all auto accidents. According to a survey conducted by the Nation Highway Traffic Safety Administration (NHTSA), 20% of weekend nighttime drivers tested positive for illicit drugs or medications. Drivers who tested positive for marijuana grew by 50%.
What Is the Difference Between Impaired Driving and Drunk Driving?
While drunk driving specifically refers to driving a vehicle under the influence of alcohol, driving while impaired (DWI) is a broader term that involves operating a vehicle under the influence of any substance that can impair a motor vehicle driver’s ability.
Driving under the influence of alcohol and/or drugs is illegal and subject to penalties. The legal threshold for impairment is determined by factors such as blood alcohol content (BAC) levels, the influence of illegal drugs, prescription medications, and over-the-counter drugs.
What Are the Effects of Alcohol and Drug Impaired Driving?
Each year, alcohol-related fatal crashes claim the lives of over 10,000 people across the US. According to a study conducted at 7 trauma centers, of 4,243 drivers who were seriously hurt in auto accidents, 54% of them tested positive for alcohol and/or drugs.
The effects of impaired driving pose great risks to the driver, passengers, and others on the road. Common effects of impaired or drunk driving include:
- Impaired vision
- Slowed reaction times and reflexes
- Poor coordination
- Compromised judgment
- Difficulty concentrating
- Distracted driving
Drunk Driving Laws in California
California has strict laws in place to address drunk driving, with the legal blood alcohol concentration (BAC) limit set at 0.08%. Vehicle code 23152 (b) states that operating a vehicle with a BAC at or above this limit is illegal.
Buzzed Driving Is Drunk Driving
NHTSA’s slogan “Buzzed Driving is Drunk Driving” emphasizes that even if a driver’s BAC is below the legal limit of 0.08%, any level of alcohol consumption can still impair driving abilities. This campaign aims to discourage individuals from underestimating the impact of alcohol on their ability to safely operate a vehicle. Consuming alcohol in a responsible and legal manner is essential, and drivers must be aware of the potential consequences of drunk or drugged driving.
Individuals can still be charged with impaired driving even if their BAC is below 0.08% if their abilities are impaired. Law enforcement uses various methods, such as breathalyzer tests, to measure BAC levels during traffic stops and DUI checkpoints to enforce these limits and ensure road safety.
Underage Drinking
California has strict laws and penalties regarding underage drinking, including severe consequences for those caught driving under the influence while underage. The legal drinking age is 21, and any consumption of alcoholic beverages by individuals under this age is illegal.
Underage drivers caught driving with any measurable BAC (0.1% or higher) can face serious consequences, including license suspension, fines, traffic points, community service, mandatory alcohol education programs, and jail time.
Penalties for DUI in California
California imposes significant penalties for driving under the influence (DUI), ranging from fines and license suspension to mandatory alcohol education programs and, in severe cases, imprisonment. The severity of the penalties depends on various factors, including BAC levels, whether the driver is a repeat offender, and if there are aggravating circumstances such as causing an accident or serious injury while under the influence.
These are the DUI penalties for a 1st offense misdemeanor:
- Up to 6 months in county jail
- A fine between $390 to $1,000
- 3 or 9 months of mandatory DUI school education
- Installation of an ignition interlock device in your vehicle for 6 months
Driving intoxicated can only be charged as a misdemeanor if the following conditions are met:
- It is the first, second, or third DUI within 10 years
- No one was injured
- The motorist has no prior felony DUI convictions
1st Offense DUI Penalties if there is an injury:
- 16 months to 16 years in state prison
- $1,015 to $5,000 in fines
- 5 year revocation of your driver’s license
- Mandatory DUI school for 18 or 30 months
- Installation of an ignition interlock device in your vehicle for 1 year
- Felony strike under California 3 Strikes Law
What to Do if You Are Hit By an Impaired Driver
If you are involved in an auto accident with an impaired driver, prioritizing safety and following appropriate steps is crucial.
- Immediately seek medical attention for yourself and others involved.
- Call 911 to report the incident and get a copy of the police report.
- Exchange information with the impaired driver, including names, contact details, insurance information, and vehicle registration.
- Take pictures at the accident scene and speak to witnesses.
- Consult with a car accident lawyer to understand your rights and pursue compensation for your damages.
Contact an Award-Winning Car Accident Lawyer Today
Drunk and drugged driving accidents can cause life-altering injuries and consequences. If you were hurt in an accident caused by an impaired driver, you can pursue just compensation for your injuries and losses. An experienced car accident lawyer will thoroughly investigate the accident, gather compelling evidence, and fight to obtain justice.
At Alpha Accident Lawyers, we are dedicated to advocating for the rights of auto accident victims. Our award-winning personal injury lawyers maintain a 99% success rate and have won millions of dollars in settlements and verdicts for our clients. Call us today to schedule a free consultation.
START YOUR FREE CONSULTATION
