Drinking and driving, or driving under the influence (DUI) of alcohol or drugs, impairs a person’s ability to drive safely and threatens the well-being of other motorists, bicyclists, and pedestrians that they encounter on the road.
Over the last 40 years, public information campaigns such as Mothers Against Drunk Driving (MADD) have set out to eliminate drunk driving through education, prevention, and enforcement by advocating for stricter laws to be passed for drunk driving offences, and while this has helped decrease the amount of DUIs nationwide, it has not ended the problem. In 2019, according to MADD, 10,142 people were killed due to drunk driving which makes it #1 cause of death on America’s roads. The state of California accounted for 1,066 of the nation’s drunk driving fatalities, approximately 10%.
California Drinking and Driving Statistics
The most comprehensive statistics for alcohol-impaired driving is from Responsibility.org for the year of 2018.
- Total alcohol-impaired driving fatalities: 1,069
- Under 21 alcohol-impaired driving fatalities: 113
- 69.8% of alcohol-impaired driving fatalities had a BAC of 0.15+
- 77.9% of drivers with BAC 0.15+ were repeat offenders
- Total DUI arrests: 127,250 (Nationwide: 1,001,329)
California Drunk Driving Laws
In California, it is illegal to drive while under the influence of drugs or alcohol or with a blood alcohol concentration of 0.08 or higher. The law does not distinguish between prescription, over-the-counter or illegal drugs. If the drug or medication impairs your ability to drive safely, you can still be charged with a DUI.
California has enforced tougher laws for first time and repeat offenders in an effort to reduce, and hopefully eliminate, drunk driving on our roads. Here is a summary of laws about driving under the influence of alcohol and/or drugs from the California Department of Motor Vehicles (DMV) handbook.
- It is illegal to use or possess alcohol or cannabis products in a vehicle. Any open containers must be stored in the trunk or where passengers do not sit.
- It is illegal for any person to operate a vehicle with the following BAC limits:
- 0.08% or higher, if the person is 21 years +
- 0.01% or higher, if the person is under 21 years old
- 0.04% or higher, when a passenger for hire is in the vehicle at the time of the offense
- It is illegal for drivers under 21 years of age to carry alcohol inside a vehicle unless accompanied by a parent or other person as specified by law and the container is full, sealed, and unopened. If caught, the car may be impounded for up to 30 days, driving privileges may be suspended for up to 1 year or delay the issuance of a first driver’s license for up to 1 year, or a fine of up to $1000 may be charged.
Similar laws also prohibit riding bikes and scooters or driving boats under the influence of alcohol and/or drugs.
We Represent DUI Accident Victims in Kern County and California
A victim of a drunk driving accident can suffer physically, emotionally, and financially. Medical bills can pile up, they may not be able to work or perform their job as before, and their mental state may be different due to the accident. The criminal court system can punish a drunk driver for the accident, but it does not compensate victims of the accident.
This is when a victim of a drunk driving accident would seek expert legal representation to pursue claims in a civil court for recovery of monetary damages from medical bills, pain and suffering, lost wages from missed work, property damage, and/or modifications to a home or car because of the injuries incurred. Our experienced personal injury attorneys at Rodriguez & Associates, are standing by to represent you or a loved one who has been injured as a result of a DUI accident. We will do everything possible to hold the wrongdoer accountable.
We represent DUI accident victims in Kern County and throughout California. Call us to request a free consultation at (661) 323-1400 or toll-free (800) 585-9262.