23152(a) Driving Under the Influence in California

Driving under the influence of alcohol or drugs is a serious offense that endangers countless lives every year. If a DUI driver caused your accident and injuries, their violation of California Vehicle Code 23152a could serve as critical evidence in your car accident case. You deserve to hold them accountable and recover compensation for the physical, emotional, and financial harm they caused.

What is California Vehicle Code 23152a CVC?

California Vehicle Code 23152a is the state’s primary DUI law, which prohibits individuals from driving under the influence of alcohol. This law applies to any driver whose alcohol consumption impairs their ability to operate a vehicle safely, regardless of their blood alcohol concentration (BAC). Even if a driver’s BAC is below 0.08%, they can still be charged under this law if their behavior demonstrates impairment.

Unlike CVC 23152b, which enforces a specific BAC threshold, CVC 23152a focuses on observable impairment. Law enforcement officers determine whether a driver is under the influence based on their behavior, such as slurred speech, unsteady movement, or erratic driving. This broader application allows authorities to address dangerous behavior before it leads to accidents.

The language of the statute reads as follows:

“23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.  (b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.”

How Does California Vehicle Code 23152a Impact Your Car Accident Case?

Proving that the at-fault driver violated California Vehicle Code 23152a can significantly strengthen your personal injury claim. A DUI charge demonstrates negligence and establishes that the driver breached their duty to operate their vehicle safely. This violation makes it easier to prove liability and pursue compensation for your injuries.

Traffic Citations or Criminal Charges Serve as Evidence of Negligence

When a driver is cited or charged under California Vehicle Code 23152a, it provides clear evidence of negligence in a personal injury case. A DUI charge confirms that the driver was impaired at the time of the accident, making it easier to establish fault. This type of evidence strengthens the victim’s claim and supports their argument for compensation.

Additionally, criminal charges often lead to enhanced scrutiny from insurance companies, making it difficult for the at-fault driver to dispute liability. For victims, this ensures a more straightforward claims process with less resistance. The existence of criminal evidence simplifies proving the connection between the driver’s impairment and the accident.

Tip

Some insurers may avoid having to pay for your damages by arguing that their policy does not cover drivers if they are operating their vehicles while under the influence of drugs or alcohol. You may still seek compensation through a personal injury lawsuit if the insurance provider will not pay.

DUI Violations Strengthen Liability Claims for Injury Victims

DUI violations directly demonstrate that the driver breached their duty to operate their vehicle safely. This breach strengthens liability claims by establishing that the driver’s actions were a clear contributing factor to the accident. For injury victims, this evidence is critical for recovering damages related to costs for medical treatment, loss of wages, and other economic and non-economic losses.

In many cases, insurance companies view DUI violations as irrefutable proof of negligence. This often results in quicker settlements or favorable verdicts for victims. The strength of a DUI violation as evidence helps victims recover compensation without prolonged disputes over fault.

Alcohol Impairment Increases Punitive Damage Eligibility

Driving under the influence of alcohol is considered reckless behavior, making DUI-related accidents eligible for punitive damages under California Civil Code 3294. Punitive damages are awarded to punish the at-fault driver for their dangerous decisions and deter similar actions in the future.

For victims, punitive damages provide an opportunity to hold impaired drivers accountable beyond standard compensation. These damages are especially significant in cases where the driver’s actions demonstrate a blatant disregard for public safety, such as causing a severe collision while intoxicated.

Supports Claims for Non-Economic Damages

DUI-related accidents often justify claims for non-economic damages, such as pain, suffering, and emotional distress. The trauma of being injured in an accident caused by an impaired driver can have long-lasting effects on a victim’s mental health and overall quality of life.

Courts and insurance companies typically consider the egregious nature of the driver’s behavior when evaluating non-economic damages. For victims, this often results in higher settlements or awards that reflect the emotional toll of the accident.

Expedites the Claims Process

Evidence of a DUI violation simplifies the claims process by providing clear proof of negligence. This reduces disputes with insurance companies, as the impaired driver’s liability is often indisputable. For victims, this means faster resolution of their claims and quicker access to compensation.

The streamlined process benefits both parties by minimizing delays and avoiding prolonged litigation. DUI-related evidence ensures that the focus remains on addressing the victim’s damages and securing a fair outcome.

Pro Tip

With an experienced car accident attorney on your side, insurance providers may recognize how seriously you are taking your claim and could try to avoid further financial culpability by expediting your claim.

Enhances the Credibility of the Victim’s Case

A DUI charge eliminates doubt about fault, significantly enhancing the credibility of the victim’s case. Juries and insurance companies are more likely to side with the victim when the at-fault driver has been charged with driving under the influence. This credibility often leads to higher settlements or verdicts for injury victims.

By removing ambiguity about liability, a DUI charge shifts the focus to the extent of the victim’s damages. This allows victims to present a stronger case for compensation and reduces the likelihood of disputes or lowball settlement offers.

In personal injury cases involving DUI violations, the burden of proof requires demonstrating that the driver’s impairment caused the collision. This is often achieved through police reports, chemical test results, and witness statements. By establishing a direct connection between the DUI and the accident, victims can seek compensation for their medical care, lost wages, and other damages.

Note

If the driver that hit you is not convicted of DUI criminally, this does not prevent you from seeking compensation for damages in a civil claim.

Consequences Violating California Vehicle Code 23152a

A violation of CVC 23152a carries serious legal consequences that increase with repeat offenses or aggravating factors. Penalties include fines, jail time, and mandatory DUI education programs, all designed to discourage impaired driving and promote public safety.

Penalties for CVC 23152a Violations

• First offense – Up to $1,000 fine, 6-month license suspension, and 6 months in jail. First-time offenders may also be required to attend DUI education classes.
• Second offense – Increased fines, extended license suspension, and mandatory installation of an ignition interlock device (IID). Repeat offenders may face longer jail sentences and additional probation requirements.
• Third offense – Felony charges, extended jail time, and a permanent impact on the driver’s criminal record can result from a third offense. These cases often involve severe penalties due to the heightened risk posed by habitual DUI drivers.

These penalties also intersect with the victim’s right to pursue civil compensation. DUI-related accidents often result in higher settlement amounts due to the egregious nature of the driver’s behavior. Victims can seek compensation for economic and non-economic damages, as well as punitive damages to hold the driver accountable for their reckless actions.

How Defendants Challenge Violations of CVC 23152a

Drivers charged with violating California Vehicle Code 23152a often present defenses to dispute the allegations against them. These defenses aim to weaken the prosecution’s case or demonstrate that the evidence is unreliable. Below are common defenses used in DUI cases:

Common Defenses Used by DUI Drivers

• Improper breathalyzer calibration – Breathalyzer devices require regular calibration to ensure accurate readings. A defense attorney may argue that the device was not maintained properly, leading to unreliable results.
• Medical conditions mimicking intoxication – Conditions such as diabetes or acid reflux can produce symptoms or breathalyzer results that mimic intoxication, such as slurred speech or elevated BAC levels.
• Challenging probable cause for the traffic stop – Defendants may argue that law enforcement lacked a valid reason to initiate the stop. Without probable cause, evidence gathered during the stop may be inadmissible in court.
• Improper chemical testing procedures – Errors in administering or handling blood, breath, or urine tests can result in inaccurate BAC readings. For example, delays in testing or contamination of samples can compromise results.
• Fatigue or stress misinterpreted as intoxication – Behaviors like erratic speech or unsteady movement can result from fatigue, stress, or illness rather than alcohol impairment.
• Claiming rising BAC levels – The rising BAC defense asserts that the driver’s blood alcohol level increased after they were stopped, meaning they were below the legal limit while driving.
• Challenging officer observations – Defendants may argue that an officer misinterpreted their behavior, such as assuming red eyes or slurred speech were due to intoxication rather than allergies or nervousness.

Field sobriety tests are often a focal point in these defenses. These tests can be highly subjective and influenced by external factors like uneven pavement or poor lighting. Defense attorneys frequently argue that the conditions under which the test was administered were unfair, making the results unreliable.

Laws Related to California Vehicle Code 23152a

Several laws complement CVC 23152a by addressing different aspects of DUI behavior and its consequences:

CVC 23152b: Driving With a BAC of 0.08% or Higher

California Vehicle Code 23152b makes it illegal to operate a vehicle with a BAC of 0.08% or higher, regardless of whether the driver exhibits signs of impairment. This law creates an automatic presumption of intoxication based solely on BAC levels.

Penalties for violating CVC 23152b include fines, license suspension, and mandatory DUI classes. Repeat offenses result in harsher consequences, such as longer license suspensions and the installation of an ignition interlock device (IID). This law strengthens DUI-related claims by providing objective evidence of impairment.

CVC 23153: DUI Causing Injury or Death

California Vehicle Code 23153 elevates DUI charges when the impaired driver causes injury or death. This law addresses the severe consequences of driving under the influence and imposes stricter penalties, including felony charges, extended prison sentences, and significant fines.

Drivers convicted under CVC 23153 often face civil lawsuits from victims seeking compensation for medical expenses, lost income, and pain and suffering. This law underscores the importance of holding impaired drivers accountable for the harm they cause.

California Penal Code § 191.5: Gross Vehicular Manslaughter’s While Intoxicated

California Penal Code § 191.5 applies to DUI-related crashes resulting in fatalities, where the driver acted with gross negligence. This law carries severe penalties, including lengthy prison sentences and large fines, reflecting the gravity of the offense. Convictions under this law provide victims’ families with a strong foundation for pursuing wrongful death claims. 

California Vehicle Code 23152a FAQ

Does a DUI violation automatically make a driver liable for an accident?

While a DUI violation strongly supports claims of negligence, it does not automatically make the driver liable. Liability still depends on demonstrating that the driver’s impairment caused the accident. Evidence such as police reports, witness statements, and accident reconstruction analyses can help establish fault.

How can I obtain a copy of the DUI driver’s citation for my case?

You can request a copy of the DUI driver’s citation from the law enforcement agency that issued it. This information is often included in the accident report, which can be obtained through the Records Division of the responding police department. Working with a lawyer ensures that all relevant documents, including citations, are collected promptly.

Can I recover damages if I was partially at fault in a DUI accident?

Yes, California’s pure comparative fault system, outlined in California Civil Code § 1714, allows you to recover damages even if you share some responsibility for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, you can still recover 80% of your total damages.

Let Crockett Law Group Help You Hold DUI Drivers Accountable

If you were injured in an accident caused by a drunk driver, California Vehicle Code 23152a provides the foundation for proving their negligence. DUI-related crashes can leave victims with life-changing injuries and financial burdens. Crockett Law Group is dedicated to helping victims secure the compensation they need to recover from their trauma and move forward with their lives. To learn more about how you can make drunk drivers pay for their negligent actions, fill out our quick contact form or call us to schedule your free consultation today.