DUI Trends in California

One person dies every 44 minutes in an accident caused by a drunk driver. While each state has its own set of DUI laws, some are more relaxed than others.

According to an investigation conducted by ABC7, California has some of the most relaxed DUI laws. Probation for multiple offenses, a short license revocation period, and failure to treat DUI deaths as violent crimes are just a few of the missteps the Golden State has taken when it comes to concerning DUI behaviors.

In the eyes of the average driver, this lax behavior is dangerous and has caused hundreds of avoidable injuries and fatalities. It has also caused many families to use the services of personal injury attorneys in San Gabriel to file wrongful death suits or personal injury claims. Citizens have now banded together alongside lawmakers to propose changes to the system that allows repeat DUI offenders back on the road so quickly after multiple offenses.

What's a DUI?

Driving under the influence (or DUI) refers to a driver who operates a vehicle under the influence of drugs or alcohol. It has various names in other states, such as driving under the influence of intoxicants (DUII), driving while impaired (DWI), operating a vehicle impaired (OUI), operating a vehicle impaired (OVI), and operating while impaired (OWI).

All these abbreviations mean the same thing: someone is operating a vehicle while under the influence of drugs or alcohol.

What About Necessary Medication?

Over-the-counter or prescription medicine can also cause a DUI if the medicine in question impairs the driver. For example, if a driver takes a new medication that makes them drowsy, they can still be pulled over for DUI. For this reason, always read the warning labels on over-the-counter or prescription medications before operating a vehicle, and try to plan your doses around when you need to drive.

Cannabis, THC, and CBD Use in California

In California, recreational marijuana use is legal when not operating a vehicle. However, that doesn't seem to stop many drivers from partaking on the road. According to the National Institute on Drug Abuse (NIDA), drivers with THC in their systems were twice as likely to cause crashes than the average driver.

Based on this information, it's easy for the average Californian to wonder if DUI laws even exist. Unfortunately, the more common way to catch a DUI driver is if they are driving recklessly and/or cause an accident that results in injuries and other damages.

In 2021, the Department of Motor Vehicles (DMV) reported that 110,000 drivers were arrested for a DUI, but only 81,000 were convicted of DUIs. Out of 4,477 crash fatalities, 1,000 accidents were alcohol-based, 524 of them were drug-based, and 343 of them showed both drugs and alcohol in the driver's body.

California's DUI Penalties

DUI penalties depend on the number of offenses an individual has collected within a 10-year period. The first offense is a fine that starts at $1,800 and goes up to $3,000. It also includes six months in county jail, a 6-month license suspension, and a 3-month mandated DUI school.

Drivers are put on probation for three to five years; their vehicles can be impounded, and they may also be required to install an ignition interlock device (IID).

What's an Ignition Interlock Device?

An IID is a device attached to your vehicle's ignition. Whenever a driver goes to start their vehicle, they must breathe into a tube connected to the ignition. If the IID detects alcohol in the driver's breath, the car will not start. The car will also periodically stop and mandate drivers to provide breath samples to make sure the driver is still sober while operating the vehicle.

Penalties for Continued Offenses

If a driver continues to drive under the influence, then the penalties increase in severity. While penalty fees stay the same for the first three offenses, drivers must keep an IID installed for longer periods and attend DUI school for longer periods as well.

Penalties for Four and More Offenses

The fourth offense within a 10-year period turns the DUI into a misdemeanor or a felony depending on the circumstances of the accident.

If it is a misdemeanor, the driver goes to county jail and pays up to $5,000 in fines. They must also attend driving school for an extended period. Their license may also be suspended, or they may be allowed to drive with an IID.

DUI Injuries and Fatalities

If the driver causes an injury or death, it is treated as a felony. This puts the driver in state prison anywhere between 16 months and 10 years. Additional years may be added depending on the circumstances of the accident. Fines shoot up to $5,000 and come with a prolonged period at an alcohol/drug program. Drivers also get a 5-year driver's license suspension but may be able to drive with an IID.

Habitual Traffic Offender Labeling

In addition, drivers may also be labeled as a Habitual Traffic Offender for three years. If the driver is caught driving with a suspended license, the driver faces 30 days in county jail and a $1,000 fine. Any more convictions result in a 3-month sentence in county jail and a $2,000 fine.

DUI-related Deaths are Not Violent Crimes

In a strange turn of events, deaths caused by drunk drivers are not considered felonies, despite the law stating so. A drunk driver who breaks someone's arm can face more time in jail than for causing an accident where someone passed away. Someone convicted of a DUI will probably only serve two-thirds of their sentence in jail despite the damages they caused.

By the time these DUI offenders are released from prison, their licenses have been reinstated, and they are free to drive around as if nothing happened. It may make the average person raise an eyebrow at the behavior the state promotes.

What's the Big Deal About These DUI Penalties?

Intoxicated drivers pose a threat to everyone on the road. Pedestrians and drivers alike are easy targets for a driver under the influence. In the best-case scenario, an intoxicated driver makes it home safely without causing any accidents. In a worst-case scenario, it can lead to a tragic loss for an unsuspecting family.

Legal Troubles

DUI accidents can often lead to untimely fatalities. The current NHTSA statistics state one person dies every 44 minutes due to a DUI driver. That means about 12,000 people are killed in a DUI every year.

A driver convicted of a DUI not only faces penal punishment, but they can also face legal troubles through personal injury and/or wrongful death suits.

Legal Avenues for Victims

Families of the decedent must deal with the loss of their loved one while navigating the legal system to get some sort of justice and compensation for the untimely loss of their loved one. If the other driver is alive, they can file a personal injury case against the drunk driver as well.

Partnering with a personal injury lawyer in San Gabriel, like Vaziri Law, can be a way families offload the stress of filing legal paperwork and the negotiation process. Personal injury attorneys can handle all the legal filing while the families recover from the accident or grieve their loved ones.

Change is Coming

For many families, compensation does not make up for the loss of their loved ones. Most families would prefer it if the accident was prevented in the first place through stricter laws and practices. Giving intoxicated drivers multiple chances to keep driving despite proving they are a safety hazard to the ordinary driver has caused thousands of avoidable injuries and fatalities.

Tired of the lax enforcement, Californians and lawmakers have banded together to propose a variety of revisions to current California laws to make penalties stricter.

Stricter Guidelines

Currently, it takes four DUI cases within a 10-year period for it to become a misdemeanor. The proposed changes would lower that threshold to two or three DUI cases and decrease the amount of time a driver with an IID installed can be on the road without a breath sample.

License Revocation

Even after multiple offenses, convicted California drivers can receive their licenses back almost immediately once they're out of jail. This is odd compared to Arizona, where convicted DUI drivers have their licenses revoked after their second offense and must reapply to get it back.

Proposed California legislation seeks to extend and change license revocation requirements for repeat offenders.

Bar Alcohol Sales

Utah recently passed a law that prevents stores from selling alcohol to past DUI offenders. A proposed California law wants to install this rule for serious or repeat DUI offenders. This would be another safety precaution put in place after a driver has proven themselves as a danger on the road.

The Benefits of Change in California

These proposed changes aim to lessen the immediate dangers on the road caused by current relaxed laws. The hope is that these stricter laws will make roads safer for drivers and pedestrians alike. Citizens also hope that the courts and law enforcement begin to treat DUIs more like felonies instead of misdemeanors. Doing so will decrease the need for families to turn to personal injury attorneys in San Gabriel like Vaziri Law to help them recover costs for personal injury or wrongful death suits.

Members of the editorial and news staff of Law&Crime were not involved in the creation of this content.