DUI Accident Attorney Los Angeles
In 2017, the California police made 123,548 DUI arrests in California alone. Out of these arrests, the court made 93,606 convictions, translating to 72.9% of the arrests made. These statistics demonstrate that DUI convictions are common, and it's best to hire an attorney if you are in such a predicament.
So, what is a DUI charge? Driving Under the Influence (DUI) is an offense that entails driving or operating a car while drunk or under the influence of drugs.
In Los Angeles, DUIs are considered misdemeanors, meaning it doesn’t attract severe penalties. However, it can still be heavily penalized based on the severity of the victim’s injuries.
So, if you are looking for a DUI accident attorney in Los Angeles, look no further. At Peck Law Corp, we will provide professional guidance throughout your DUI case. We will strive to collect the necessary evidence to defend your case.
Are Criminal and Civil DUI Cases the Same?
It may seem the same because both are DUI cases, but a criminal DUI case differs from a civil one.
The first difference is the nature of the arrest.
In a criminal DUI case, you will probably be arrested by police because they suspect you are driving your car while drunk. The officer will also gather evidence to be used in court. For instance, they will collect your blood alcohol content to prove their suspicion.
In contrast, most civil DUI cases get initiated by the plaintiff. It means that the victim will press charges against you to receive compensation.
Another difference is the standard of proof.
In criminal DUI cases, the burden of proof lies on the prosecutor. It implies that they must demonstrate beyond reasonable doubt that you were intoxicated, which is the primary reason for the accident.
In a civil DUI case, the standard of proof is to demonstrate a preponderance of the evidence. The plaintiff should only provide more credible evidence than the defense.
Ultimately, you should hire a DUI accident attorney to know the type of case you are facing and how to overcome it.
What Should You Do if an Accident Occurs?
At Peck Law Corp, we understand that accidents are traumatic, even more so if you are injured. However, follow these tips to ensure your safety and acquire the best legal representation.
Be calm. Most people become very stressed after an accident, but you should remain calm to avoid aggravating the issue.
Look for safety. Move away from the scene and look for a safe space. If you have caused the accident, it will help your case if you assisted the victims.
Evaluate your body for injuries. Check your body for injuries even if you feel okay. It is imperative as you may have an internal injury. Additionally, check the victim’s injuries if you have caused the accident.
Call for emergency assistance. Call for medical help, especially if there are injured people.
Contact a DUI accident attorney. After the dust has settled, contact an attorney and explain the incident. The lawyer will then advise you on how to proceed, especially if you have caused the accident and suspect a lawsuit may be on the way.
Our DUI accident attorneys will be waiting for your call, and they will immediately start preparing your defense.
Is It Always the Drunk Driver’s Fault?
This is a common myth among most people. Many people assume that one should always blame the drunk driver for the accident. However, the law clearly defines who should take liability in DUI cases.
For one to take liability for a DUI case, they must meet these requirements:
They must be the ones driving the vehicle.
They must be intoxicated.
The accident must cause injury or property damage.
Thus, consult an attorney immediately, especially if you have caused the accident. Our attorneys will evaluate your case and determine if you are liable for the accident.
We will look for various legal elements that disqualify you as the main perpetrator to prove your innocence.
Can You Blame the Bars and Restaurants?
You cannot blame the bars and restaurants for serving you alcohol or not cutting you off. However, these drinking establishments are liable for knowingly serving an underage person who causes an accident.
Ultimately, you cannot blame your local bar for not cutting you off and allowing you to go home drunk.
What Are the Penalties for DUI Charges?
The penalties for DUI charges depend on whether this is a first-time offense or if it is repetitive. The courts treat each infraction differently.
First-time DUI offenders face the following consequences:
Probation for three years.
A 6-month license suspension.
A penalty fine of $390.
An offender must enroll in an alcohol program.
Second-time DUI offenders face the following penalties:
A 2-year license suspension.
More probation hours.
A penalty fine of $390.
96 hours of jail time.
Third-time DUI offenders face the following consequences:
Higher fines of between $1,000 to $1,800.
A 120-days jail time.
License suspension of three or more years.
However, with a great DUI Accident attorney, you can avoid jail time, or the court can reduce it.
At Peck Law, we care about your driving ability and resolve to avoid jail time. So, we will strive to ensure you don’t face these penalties.
What Are the Expected Damages?
One can either face compensatory damages or punitive damages. For compensatory damages, it can either be economic or non-economic.
Let’s discuss them in detail.
Economic Damages
The court looks at the victim’s financial losses in the accident to determine the compensatory amount the offender will pay.
Examples of economic losses involved in DUI cases include:
The victim’s medical expenses.
Earning losses, especially if the victim gets hospitalized.
Property damage or the vehicle repairs involved.
Non-Economic Damages
Some damages are intangible, but still, the court recognizes them. Examples include:
Poor quality of life after the accident.
Mental trauma.
Emotional trauma.
Body disfigurement.
Punitive Damages
Punitive damages are rare but are possible in DUI cases. They get awarded if the defendant was reckless and the victim has suffered severe injuries or has died. The court may also award punitive damages if it’s a 3rd-time offense and the victim has suffered severe injuries.
Regardless of the damages you are facing, you will need a DUI accident attorney. When you choose Peck Law Corp, we will represent you during the economic and non-economic compensation negotiations.
Our attorney will ensure you pay a reasonable compensation amount. We will also strive to ensure you don’t suffer any punitive damages.
Our DUI Lawyers at Peck Law Corp Are Always There for You
You shouldn’t hesitate to call us if you want a DUI accident attorney in Los Angeles. At Peck Law Corp, we are always eager to hear your story and protect you from license suspensions.
Call us today at (820) 667-7325 to schedule an appointment.
FAQs
Below are some FAQs regarding DUI accidents in Los Angeles.
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You will not go to jail for a DUI charge if you are a first offender in Los Angeles. However, if you are a second-time offender, you will be jailed for 96 hours, while third-time offenders get jailed for 120 days.
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You will pay $390 if you are a first-time or second-time offender. However, for third-time offenders, the penalty is higher.
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Your DUI charges can be dismissed in Los Angeles if it’s a first-time offense. That means the charges will be discarded and won’t be on your record.