Law Offices of Jonthan Franklin - Blog

A typical DUI is a serious criminal offense, and a collision that results in no physical injuries essentially alters the legal environment. Although in many jurisdictions, this is not a felony by itself, it is treated as an aggravating factor.

Prosecutors consider the crash to be a demonstration of impairment, which robs you of the defense of driving safely even after having taken a drink. It can often result in the installation of compulsory ignition lock devices, additional fines, and a prolonged license suspension compared to a routine traffic stop. A fender bender, even in the absence of a visit to the hospital, turns a case that would have been a relatively straightforward misdemeanor DUI case into a high-stakes liability battle. Let us look at the offense in greater detail.

Physical injury is the key issue that changes a DUI case into a felony-level offense in the legal sphere since a victim is present. It is essential to understand where this boundary is established and which laws apply when a person is charged with DUI after an accident.

California state law defines the difference between a standard DUI and an injury-related one with the help of two acts.

• VC §23152 defines the standard misdemeanor DUI. It is applicable both when you have been pulled over at an ordinary traffic stop and when you have been involved in a solo-vehicle accident where only you or your property was involved.

• VC 23153 (DUI Causing Injury) applies when another individual, be it a guest in your car, a pedestrian, or a driver of another vehicle, has suffered a physical injury.

VC 23153 is classified as a wobbler, meaning prosecutors have the discretion to file it as either a misdemeanor or a felony. They usually determine this choice based on:

• The degree of the injuries, including potential Great Bodily Injury (GBI) enhancements

• The driver's previous criminal history

A common misconception is that "totaling a car" or "crashing into a building" automatically results in a felony. In reality, property damages, however extensive, keep the case in the misdemeanor bracket, even when no one was injured. Nevertheless, as the offense remains a misdemeanor, property damage acts as an aggravating factor. This enables judges to impose harsher penalties compared to a typical DUI, including fines, extended probation, and restitution. Restitution involves compensating for the complete repair or replacement of any property that was damaged, separate from any court-imposed penalties or fines.

One major exception is that even a no-injury accident may result in felony-level consequences, for example, leaving the scene of the accident. According to VC 20002, a hit and run in which property damage is involved alone is a misdemeanor. Nevertheless, in case you commit a felony hit-and-run in which an injury has taken place, even a minor one, you may be accused of a felony hit-and-run (VC 20001). A DUI and hit-and-run offense significantly increases the likelihood of prison time since it shows that one exhibited carelessness and insensitivity toward people.

A misdemeanor (VC 23152) does not involve any injury to other people, although property damage may occur, and the maximum punishment is typically one year in county jail. Another triggering element of a felony (VC 23153) is bodily injury to another party. This can result in a state prison term of between 16 months and four years, or longer.

Although a typical DUI is already a costly affair, an accident, even a minor one, triggers specific sentencing enhancements, which would place a significant burden on your time and money. To the judge, a crash is evidence of gross impairment or reckless disregard and changes the case into an aggravated crime.

A judge may provide community labor at his/her discretion instead of community service, even in the absence of injuries. In contrast to the typical volunteer work at a nonprofit community, labor can entail manual labor on behalf of the city or county (as in picking trash along a roadside or removing graffiti). Although this is usually used as an alternative to incarceration, the number of required days is generally relatively high by the time you have an accident in your history.

Mandatory victim restitution is one of the most direct financial effects. Under the condition of your probation, you shall be directed to pay the actual loss to any third party. This covers the cost of repairing other motor vehicles, fences, or communal property. Although your insurance may help cover part of these expenses, if you were driving under the influence, some policies contain exclusions for illegal or intoxicated conduct or even limit the policy coverage. Any outstanding amount would have been your personal legal responsibility. Failure to pay may result in a probation violation and subsequent jail time.

An accident may affect the duration of your DUI-mandated school. California, as an example, may have a 3-month (30-hour) program for a first-time low-BAC DUI. Nonetheless, a judge might require a 9-month program in case of an accident or a high BAC. Not only are these extended classes more time-consuming, but they are also much more expensive, as hundreds to several thousand dollars or even thousands of dollars can be added to your overall conviction cost. Even with increased fines, restitution, and additional classes, an accident with no injury can more than offset the overall financial penalty of the first DUI.

To a great extent, panic is a strong and even devastating feeling in the immediate aftermath of a collision. To a drunk driver, that panic often results in the worst possible choice; that is, to flee the scene. Most drivers do not understand that the law is more concerned with the act of leaving rather than the initial cause of the collision. This becomes a trap wherein a driver, in his/her desire to beat a DUI, is left with two separate criminal charges whose penalties are independent of each other.

According to Vehicle Code 20002, when an accident results in no injuries, and the driver of one of the vehicles is a party to the accident leading to property damage, they are under the legal responsibility to stop and exchange identifying and insurance information. If the person who owns the property is not found, you are required to leave a note in a visible location and notify the local police department or California Highway Patrol as soon as possible. Otherwise, it becomes a misdemeanor hit-and-run case, which is subject to up to 6 months in county jail and a fine of up to $1,000.

A DUI, combined with a hit and run, will no longer make you a driver who made a mistake, but you will be considered a driver who deliberately tried to evade justice. This significantly alters the plea-bargaining conversations. A prosecutor who would have offered a plea bargain to a typical DUI would be less likely to do so when a hit-and-run charge is added. Moreover, the judge may direct the sentences to be imposed consecutively. As a result, you may have to serve jail time in addition to the DUI sentence.

Getting out of the scene also leaves a permanent point on your driving record, independent of the DUI. In California, a conviction of hit and run will add two points to your DMV record. Combined with the two points of a DUI, you have 4 points that may result in a six-month “negligent operator” suspension.

Given that the damage was as minor as clipping a mailbox or a mirror of a parked car, the legal trap of fleeing turns a simple misdemeanor into a multi-tiered legal dilemma. It could lead to the immediate deprivation of your freedom, not to mention your driving privileges.

A criminal court is interested in punishment, whereas the DMV is interested in your fitness to operate a motor vehicle safely. An accident transforms the administrative aspect of your DUI case, as it puts you in the group of a negligent operator. Although the criminal charges may be reduced to a misdemeanor, the DMV’s internal point system and financial responsibility requirements become significantly more punitive when a collision is involved.

The conviction of a DUI (VC 23152) is a significant offense in California, resulting in two points being added to your driving record. Nevertheless, the DMV also adds one point in the event of any at-fault accident. This means that just one DUI that is accompanied by an accident automatically puts three points on your record.

With the Negligent Operator Treatment System (NOTS), four points within 12 months cause an automatic Level 3 suspension. Provided you had at least one speeding fine or a rolling stop in the previous year, you were just over the four-point limit, and you exceeded the point threshold. This will result in a one-year probationary period and a six-month suspension of the negligent operator, as well as a one-year period of probation that may be served concurrently with your DUI suspension.

The financial aftermath is also as bad when it comes to your evidence of insurance. As a way of getting back a suspended license, you have to submit an SR-22 (Certificate of Financial Responsibility (SR-22)). Although a typical DUI already raises the premiums by about 80% to 100%, an accident related to alcohol as an at-fault event is considered the most risky category by an insurance company. Most regular insurers will automatically non-renew your policy as soon as they become aware of the accident. You can be compelled to be placed in risk insurance pools whose premiums can be three times or four times higher than your previous ones. Moreover, you will need to maintain this SR-22 filing for three to five years. The day you temporarily lose the policy, the insurer reports to the DMV, and your license is subject to immediate resuspension.

The reinstatement process is complex when property damage is involved. Although there are standard terms of suspension (usually four to six months in the case of the first offense), the DMV and the court often demand proof of restitution before you are allowed to resume your normal driving privileges. In case of a pending payment on a broken city light pole or the vehicle of another driver, and you have never paid or presented evidence supporting an insurance payment, the DMV can place a hold on your license. Contrary to a regular DUI, where you can just wait, serve the time, and pay a reissue fee, an accident gives you a compliance barrier where you have to demonstrate that you have made the victims whole before you can be reinstated.

In the case of an accident related to a DUI, the prosecution assumes that you were impaired and that this led to the accident. However, accident cases actually provide unique legal defenses that are not available in standard traffic stops. A skilled defense focuses on the "gap" in time between the collision and the police arrival. Below are some defenses he/she could assert:

One of the most powerful strategies in an accident case is challenging whether the prosecution can prove you were actually the one behind the wheel. If police show up after the crash incident and discover you standing outside the car or in the passenger seat, they are left to use circumstantial evidence to show that you are the driver.

In cases where the witness is absent (no-witness cases), like hitting a parked car at night, the defense can argue that the prosecution has not established the rule of corpus delicti. This is the independent evidence that a crime has occurred before statements can incriminate the defendant.

If no one saw you driving and you did not report it, then the case can be dismissed because there was no evidence.

This defense applies to accidents in which there is a delay between the crash and the chemical test. In case of a stressful collision and you had consumed alcohol after driving ceased, say you had drunk to calm your nerves until someone came to help you, or you had walked to a local bar, the outcome of a breathalyzer test later will not be an accurate reading of your BAC when you were actually driving.

As far as breath and blood tests can provide only information about your current level of intoxication at the time of the testing. A forensic toxicologist can demonstrate that you were intoxicated after the accident, and this allows for establishing a reasonable doubt that you were not sober at the moment when your vehicle moved.

Although no physical injury was caused, the process of being arrested for DUI with an accident does not seem like a simple error in court. The damage to property increases the stakes, making it likely to receive a more severe sentence, fines, and a more aggressive prosecution. It is not merely a licensing problem you are fighting. It is your reputation and your future that you are protecting against increased legal scrutiny.

You cannot risk handling your defense alone. At Jonathan Franklin DUI Attorneys, we specialize in navigating the complexities of accident-related charges to protect your rights. Contact our Los Angeles attorneys at 323-464-6700.

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