Impaired driving involves operating a vehicle while under the influence of alcohol, drugs, or any substance that impairs the ability to drive safely. Driving under the influence (DUI), driving with a blood alcohol concentration (BAC) above the legal limit, or being impaired due to drug use could cause injury to you if another motorist causes your accident due to impaired driving. In this case, you want to find a car accident attorney to build your case and pursue the compensation you deserve.
Defining Impaired Driving In The State Of California
In California, the term ‘impaired driving’ means driving a vehicle while the physical or mental capabilities are compromised by alcohol, one or more drugs, or a combination of both. In California, impaired driving has several meanings, including driving under the influence of alcohol (DUI), drugs, or with a blood alcohol content concentration (BAC) that is above the legal limit.
The state takes impaired driving very seriously, and even a first-time offense can carry severe penalties, including fines, jail time, and the loss of driving privileges. The California Vehicle Code 23152 prohibits the operation of a vehicle while impaired, and it encompasses both drug and alcohol-related offenses.
Driving Under The Influence
In California, driving under the influence is punishable under Vehicle Code 23152. Under this statute, it is illegal to operate a vehicle while impaired by alcohol, drugs, or a combination of both.
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Driving Under The Influence Of Alcohol
Vehicle Code 23152(a) prohibits driving a vehicle while under the influence of alcohol. This is not only being ‘drunk’ in the conventional sense but rather being in a state whereby one has taken alcohol in a quantity that renders them incapable of driving with the degree of care that a sober person would under similar circumstances.
When a police officer suspects a DUI offender, they will be on the lookout for signs of intoxication. Examples of behavior that officers observe include:
- Weaving while driving
- The smell of alcohol on the motorist’s breath
- Slurred speech
- Red and watery eyes
- Difficulty in performing the field sobriety tests
Although these signs may be enough to make an arrest, the prosecution sometimes requires more proof to secure a conviction.
One key aspect of DUI law is that one DUI arrest often results in two charges:
- Driving under the influence under 23152(a)
- Driving with a BAC of 0.08% or greater under 23152(b)
While both charges are part of the same incident, they are technically separate offenses, and depending on the evidence presented, the motorist can be convicted of one, both, or neither.
The Per Se DUI is founded strictly on the blood alcohol content (BAC). If the breathalyzer or blood test reveals that a driver’s BAC is 0. 08% or higher, they can be arrested for a Per Se DUI even if they are driving perfectly well.
This law has been enacted because, according to California, any person who has a BAC of 0. 08% or greater is too impaired to drive safely. While the decision of whether one is driving under the influence is often somewhat subjective, a Per Se DUI is based on actual proof.
Law enforcement agencies, especially prosecutors, rely on BAC results to support a per se DUI. Nonetheless, there are always means through which these results can be contested, like doubting the credibility of the breathalyzer or blood test or the conduct of the police in apprehending the suspect. Nevertheless, one should be aware that it is possible to be charged with both a per se DUI and a standard DUI, and the consequences are equal.
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Driving With a BAC of .08% or Greater
In California, one cannot drive if they have 0.08 percent of alcohol in their bloodstream or above. This rule should be followed even if one does not feel impaired. The law presupposes that any driver with a BAC of this level and above cannot drive safely.
If arrested with a BAC of over 0.08% of blood alcohol concentration, the at-fault driver is charged with a per se DUI charge, which is different from other DUI charges that may involve observed behavior or even the officer’s discretion.
The prosecutors in DUI cases need to establish BAC in court. Usually, police officers use a breathalyzer or a blood test to measure motorists’ BAC levels. These tests are intended to determine the alcohol concentration in their blood at the moment of testing. But, proving BAC is not always easy.
The prosecution has to prove that the test was conducted correctly and that the outcome was as expected. This includes proving that the equipment was set correctly and that the officer did everything correctly. If the test results are considered invalid, they can be easily challenged in court, which may lead to a situation in which the prosecutor has a weaker case.
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Driving With a BAC of .04% or Higher If Someone Has a CDL
For commercial drivers in California, allowed BAC levels are lower than those of regular drivers for any type of vehicle. If someone has a Commercial Driver’s License (CDL), they are also subjected to a lower blood alcohol concentration (BAC) limit of 0.o04%. The rationale for this even higher limit is that commercial drivers drive bigger and more dangerous vehicles and must observe safety standards. Alcohol in any quantity is known to affect a commercial driver’s ability to operate the car, hence posing a threat to other road users.
If arrested, one can be charged with DUI by the prosecutors, and their CDL may be suspended or revoked, thus affecting their means of earning a living. This is true even if one is driving their vehicle and even if their BAC level is lower than that considered as ‘drunk driving’ under this tighter standard.
Even if someone’s BAC is between 0.04% and 0.08%, they are arrested for a per se DUI, even if this would not be enough to arrest a regular driver.
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Under 21 DUI
In California, the law has a zero-tolerance policy when it comes to underage drinking and driving. If someone is under 21 years old and they are caught driving with any quantity of alcohol in their system, regardless of whether they are being influenced or not, they can be charged under Vehicle Code 23136.
It is legal for one to consume alcohol in California when they are 21 years of age and older. However, the Zero Tolerance Law prohibits anyone under 21 to operate a vehicle with a BAC of 0. 01% or higher.
Underage DUI does not call for actual impairment proof, according to the law. If the police administer a breathalyzer, blood, or urine test and the BAC is over the zero-tolerance limit, then the motorist can be punished even if they do not look drunk. The police usually conduct these tests during traffic stops, roadblocks, or any time they have a suspicion that the driver has been consuming alcohol.
If someone is a first-time offender, their driver’s license will be revoked for less than one year. Subsequent offenses committed within ten years entail longer suspensions, higher fines, and possibly the need to attend a DUI education program. The penalties are even worse if one is arrested for a second or third time.
In some cases, offenders of underage DUI are allowed to apply for restricted hardship licenses after they have served some of the suspension period. This license permits restricted operation for specified purposes, such as going to school or work. The court will also demand proof of financial responsibility before the motorist’s license can be restored, generally by an SR-22 insurance policy.
Driving Under The Influence Of Drugs (DUID)
In California, ‘Driving Under the Influence’ does not only refer to alcohol. According to the California Vehicle Code 23152(f) VC, driving under the influence of any drug is prohibited, regardless of whether the drug was prescribed, purchased over the counter, or illicit. This is usually called DUID (driving under the influence of drugs).
The law’s definition of a “drug” is any substance, which is not alcohol, that will in any way affect someone’s ability to drive safely. This rather broad definition encompasses everything from marijuana or narcotics to prescription drugs such as painkillers, muscle relaxants, or antihistamines.
There is no per se drugged driving law like there is for alcohol in California. For alcohol, the 0.08% BAC level is used as the benchmark for impairment, while for drugs, there is no set limit. This absence of a clear cut makes it even harder for the prosecutors to establish impairment, and this primarily involves the observation made by the police officers and the drug recognition experts.
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Drug Impairment Evaluation
DUID arrests, like alcohol-related DUI arrests, start with a preliminary alcohol screening (PAS) test in a handheld breathalyzer device. If a suspect is negative for the alcohol test but the officer feels that they are impaired, then they will administer field sobriety tests (FSTs) to check on coordination and cognitive function. These tests are very subjective; they usually do not consider tiredness, illness, or stress.
If the officer suspects that a motorist is under the influence of drugs, they may call for a drug recognition expert (DRE) to the scene. DREs are specially trained officers who employ a drug impairment evaluation to decide if a motorist is impaired. This evaluation encompasses watching where a driver’s eyes go, how their muscles feel, how fast their pulse is, and whether or not they use drugs.
Therefore, the DRE’s observations and conclusions can be crucial in providing proof that will lead to arrest and DUID charges.
Driving Under The Combined Influence Of Alcohol And Drugs
In California, it is common for drivers to be charged with drunk driving and drugged driving, which is covered under Vehicle Code 23152(g) VC. It is unlawful to operate a vehicle if the individual’s ability to operate the vehicle safely is lessened by the presence of alcohol and drugs in the system. The two tend to combine and cause a worse level of impairment than either of the substances on its own. Therefore, charges under Vehicle Code 23152(g) attract penalties as severe as those of a regular DUI.
When charged, the state will have to prove that the suspect’s ability to drive was substantially affected by both substances. Alcohol can make someone less cautious, while drugs, whether it is prescription, recreational, or illicit, can slow their response or impair their coordination. The combined effects, however, always make driving much more risky.
The types of drugs that fall under Vehicle Code 23152(g) include:
- Marijuana
- Cocaine
- Methamphetamine
- Prescription drugs such as Xanax or Vicodin
One should also note that even if they are on prescription, then they cannot drive if the medication makes them unable to do so.
When police officers are building the case for driving under the combined influence, they use FSTs, breath, blood, or urine tests. They may also request a drug recognition expert (DRE) if the officer thinks drugs are involved. DREs involve physical assessment, interviews, and particular tests, which help identify the impact resulting from substances and alcohol.
Other Factors That Contribute To Impaired Driving
Driving While Fatigued
Driving while fatigued slows drivers’ reactions, reduces concentration, and affects decision-making abilities. Lack of sleep is almost as dangerous as alcohol in that it is proven that staying awake for 24 hours will reduce a driver’s ability to drive as much as a BAC of 0. 10%. Alcohol and drugs are not involved, but tiredness still slows down a driver’s performance, motor coordination, and ability to make the right decisions at the right time, which are very important, mainly when operating on the road.
Fatigued driving mainly occurs on long drives or at night when the body clock is naturally set to sleep. This condition is prevalent among truck drivers, shift workers, and anybody with a disrupted sleeping pattern. Sometimes, a driver does not think they are as tired as they convince themselves that they can arrive at their destination. However, this overconfidence may cause fatal road consequences, leading to possible accidents or even death.
Distracted Driving
Distractions or distracted driving is one of the most prevalent forms of driving under the influence in California, which results in many accidents. It only takes a few seconds of distraction; thus, one is endangering their life but also the lives of others. Distractions can come in many forms: texting, talking on the phone, changing radio stations, eating, or even talking to a passenger. Even though these actions do not appear dangerous, they distract the driver’s attention away from the road and decrease his/her/its capacity to react to changes in traffic conditions.
California law has set stringent rules against some types of distracted driving, particularly those that involve handheld gadgets. This is especially true with texting while driving, which is prohibited under California’s Vehicle Code 23123.5 VC and is a common cause of accidents. The law requires that any use of the phone while driving has to be done hands-free, and while using the hands-free device, the driver may find himself distracted if he concentrates on the conversation rather than driving safely.
If a motorist drives while distracted, they cause an accident and can be held legally responsible for the resulting losses. In addition, prosecutors may charge motorists with reckless driving. Sometimes, if distraction causes an accident that leads to injuries or fatalities, it can attract far more severe criminal sanctions, such as vehicular manslaughter. Distracted driving is not just when drivers take their eyes off the road. It includes anything that takes a driver's mind, hands, or eyes off the road, even when performing routine activities.
Impaired Due to Medical Conditions
It is a fact that certain medical conditions affect your ability to drive, and in most instances, the effects are as harmful as driving under the influence. Such diseases as epilepsy, diabetes, and heart disease may lead to shock or convulsions, which may result in catastrophic mishaps. Milder ailments, for instance, chronic pain or even vision problems, can eventually impair concentration and response time while driving.
According to California law, drivers must report certain medical conditions to the DMV. If you have a disease that may affect your driving, you must disclose it, and the DMV may then determine whether you are fit to drive. In some cases, the DMV may limit your driving ability and require you to have medical check-ups periodically.
If you have a disease that sometimes causes you to have a stroke or some other problem that impairs your judgment or coordination, then you are a menace to yourself and everyone else on the road. The police may determine whether your medical condition contributed to the accident in the event of an accident. You may be sued for civil negligence, and you can be prosecuted for criminal negligence if you were found to have understood the risk that you were putting other people's lives by driving recklessly.
Find a Los Angeles Car Accident Attorney Near Me
If you or a loved one has been involved in a car accident in Los Angeles caused by an impaired driver, hire a car accident attorney. At Los Angeles Car Accident Attorney, we are committed to providing personalized legal support tailored to your case. Our team understands the physical, emotional, and financial toll that car accidents can take, and we are here to help you recover the compensation you deserve. Contact us today at 424-237-3600, and Let us fight for the justice and compensation you deserve.
