DUI Car Accident Charges in Vista: 191.5(a), 191.5(b), and 23153 (PC)

Arrested for driving under the influence after a car accident in Vista or San Diego? Just because you were drinking doesn’t mean you’re automatically at fault or guilty. DUI accident defense lawyer Peter M. Liss can help protect your freedom and fight the charges.

Consequences for DUI Accidents in California

When a drunk driver has been involved in any accident, they will generally be charged with a DUI, even if the crash wasn’t their fault. However, if they caused the accident and someone was hurt or killed in the crash, the charges are much more serious.

When someone is injured in a DUI accident, the driver could be charged with a misdemeanor or felony under California Vehicle Code 23153 (VC). If someone dies in the accident, the prosecution can file charges for vehicular manslaughter while intoxicated under California Penal Code under 191.5(b) (PC) or gross vehicular manslaughter 191.5(a) (PC). A conviction in criminal court can be used as evidence in a civil court case involving personal injury or wrongful death.

Are DUI Penalties More Serious if the Driver Caused an Accident?

“These consequences only apply in cases where the drunk driver is at fault for an accident that injured or killed another person,” notes attorney Peter Liss. You would not face additional charges if you caused an accident where no one was harmed, or if you were the only person injured. However, you could face penalty enhancements such as mandatory restitution for property damage or community service.

Are Drunk Drivers Always At Fault?

There is a common misconception that if a drunk driver is involved in a car crash, they are automatically at fault, but this isn’t always the case. “Imagine an intoxicated driver was rear-ended by someone while waiting at a red light —they would unquestionably not be responsible,” explains Liss.

Unfortunately, most cases are not this cut-and-dry, so if the police cannot immediately assess responsibility, they will typically assume the intoxicated driver caused the accident. Their “investigation” into fault may involve little more than taking a few pictures and asking the driver they suspect to have consumed alcohol to take a sobriety test.

What Happens if You Get in an Accident While Drunk?

After two cars crash, the next steps will always vary based on the circumstances. Major accidents that shut down multiple lanes of the freeway often require the presence of police and EMTs. On the other hand, minor crashes that result in a small dent can typically be resolved by exchanging insurance information.

If the police aren’t called, the intoxicated driver may never face criminal consequences for their actions. When the other party notices they are drunk though, they may call 9-11 even if the accident was very minor.

Once a police officer arrives on the scene, they will perform an investigation. If they believe either driver is drunk, they may perform a field sobriety test or chemical DUI test. When a driver fails a breathalyzer or refuses to take one, they may:

• receive a citation for drunk driving at the scene and be allowed to get a ride home
• be taken to the local police or Sheriff’s station and be issued a citation
• be placed under arrest and put in jail until they pay bail

In San Diego, the first two options are used in misdemeanor offenses, while felony DUIs (such as those resulting in death) will result in the defendant being placed under arrest. Individuals arrested for felony DUIs in North County will either be brought to a local hospital or the Vista Jail, which is across the street from the Law Offices of Peter Liss.

I Crashed My Car and Got a DUI in Vista. What do I do Now?

The best thing you can do when you are arrested after a DUI car crash is to stay silent. However, many drunk drivers assume they are responsible for the collision and apologize or admit their guilt —even when the accident wasn’t their fault. Sadly, statements like these can be used against you in insurance claims, civil court, and criminal trials.

To best protect yourself, refuse to answer any questions or make any statements other than providing information regarding your identity and your insurance paperwork and ID. Remember that for the prosecutors to secure a conviction for any of these charges, they must be able to prove your guilt. These statements could help them achieve this goal.

At the first opportunity, call a lawyer to begin fighting these charges. Attorney Peter Liss’ offices are directly across the street from the Vista Sheriff’s Office and Jail.

Are DUI Accidents Always Charged as a Felony in San Diego?

Charges for gross vehicular manslaughter under 191.5(a) are always felony DUIs. However, while charges for DUI with injury under Vehicle Code section 23153 (VC) or vehicular manslaughter while intoxicated under 191.5(b) (PC) can be filed as a felony, they don’t have to be. These offenses are known as “wobblers,” meaning they can be filed as a misdemeanor or a felony.

Even after filing felony charges, prosecutors and judges have the discretion to reduce these charges to misdemeanors, and a skilled DUI accident defense attorney can be critical in encouraging them to do so. “Prosecutors in San Diego are more willing to reduce charges in cases where the blood alcohol concentration isn’t excessive and the driver has no past DUIs on their record,” explains Liss.

Penalties for DUI Accident Charges in California

The specific charges you can face vary based on the offense and whether it is a misdemeanor or felony. Here’s a basic breakdown of the consequences:

DUI with Injury

• Misdemeanor: 1 year in jail
• Felony: 3 years in prison and a strike if great bodily injury occurred

Vehicular Manslaughter While Intoxicated

• Misdemeanor: 1 year in jail
• Felony: 4 years in prison

Gross Vehicular Manslaughter (Always a felony)

• 10 years in prison per death
• 3 years in prison per injured survivor
• a strike

Those who cause a deadly DUI accident and have a prior driving under the influence conviction on their record will be charged with second-degree murder, which is punishable by life imprisonment.

What is the Best Defense for DUI Crash Charges?

Regardless of the specific offense, if the prosecution cannot prove your guilt, you cannot be convicted. Defenses for these crimes are often focused on proving:

• you were not intoxicated
• did not break the law or drive negligently
• were not the person who caused the car accident.

These types of “no-fault” defenses are only partial defenses, meaning they will not allow you to fully avoid conviction. However, they can lessen the penalties you may face.

Challenging the DUI

Fighting drunk or drugged driving allegations usually involves questioning officer testimony and chemical tests, such as the breathalyzer or blood test.

Fighting Other Driving Offenses

Challenging the facts regarding your driving and your role in the accident may require questioning witnesses, hiring independent investigators, reviewing dashboard cameras, and working with an accident reconstruction expert. In some cases, strong enough evidence can even negate a confession you made out of guilt for risky behavior.

The Emergency Defense

If the accident occurred while you were driving during an emergency situation where you had no other alternative, you might have a complete defense against the charges.

Taking Steps to Minimize Sentencing

Depending on the situation, your attorney may help you enroll in a substance treatment program as soon as the charges are filed to show that you are proactively taking steps to ensure this situation never happens again.

Fleeing the Scene After a DUI Crash

“Whether or not an accident was your fault, the worst thing you can do is flee the scene without exchanging insurance info,” warns Liss.

Leaving the scene of an accident is a distinct crime from DUI. Commonly known as hit and run, this charge can result in additional fines and penalties, including up to one year in jail, four years in prison, or two years of probation —in addition to the DUI consequences. You will also have two points added to your DMV record.

Instead of fleeing the scene, here’s what you should do:

• Never leave the scene
• Provide officers with your driver’s license, insurance information, and vehicle registration when asked to do so
• Do not answer police questions aside from those related to your identity
• Leave the vehicle at the officer’s request
• Agree to perform a chemical test if the officer requests you to

Even if the accident was not your fault or you only hit an object rather than another person or vehicle, you can still face these charges in California. If the accident resulted in an injury, you could even be charged with a felony, potentially leaving you in prison and with a suspended license.

If you fled the scene to get medical assistance, you can avoid charges, but only if you notified the medical staff or police at the hospital. In these cases, a lawyer can help ensure you do not face charges for hit and run.

How do Police Decide Who Caused a Crash?

Sometimes, knowing who is at fault in a car accident is easy. For example, if someone runs a red light in front of multiple witnesses, they are almost certainly responsible for any resulting crash. In most cases, more investigation is required though. Here’s how officers determine fault after an accident:

• Conducting Driver Interviews
  Police officers start by interviewing both parties. You do not need to speak with the police at this time and should insist on having an attorney present, especially if you are drunk or were otherwise driving questionably.
• Administering DUI Tests
  If officers believe any drivers were intoxicated, they may request them to take a field sobriety test or take a chemical drug or alcohol test. California law requires police to administer a chemical test after someone has died in an accident.
• Collecting Additional Evidence
  The officer may also interview witnesses, photograph the damage and accident scene, or ask nearby residents and shops if they have video footage of the incident.
• Making a Judgement Call
  The officer will determine fault in a car accident based on the statements of those involved and other evidence. Evidence that someone was intoxicated or driving recklessly often weighs heavily in the officer’s decision. “If a police officer knows a driver was drunk, drugged, or driving dangerously, they may do the bare minimum investigation required by law, even if it does not properly establish fault,” explains Liss.
• Calling in an Expert
  In serious injury or death cases, San Diego police and Sheriff’s deputies will also often call in a department-trained accident reconstructionist to assess the cause of the accident. This analysis includes everything from skid marks to examining the suspect vehicle for any preexisting defects that may have contributed to the accident. This report can be challenged if you disagree with its findings.

Frequently Asked Questions

Can I be Charged with Driving Under the Influence After the Accident?

Yes, while most drunk drivers involved in accidents will be arrested at the scene, prosecutors have one year to file misdemeanor charges and three years to file charges in a felony.

Which is Worse, Leaving the Scene of an Accident or Facing Drunk Driving Charges?

It’s always best to stay at the scene of a crash after a DUI. Hit and run penalties are comparable to those for drunk driving, and if you’re caught fleeing the scene, you could be charged with both.

Call a Defense Lawyer Today

If you were driving while intoxicated when you were involved in an accident in Vista, please call a lawyer as soon as possible. Remember, drunk drivers are not always at fault, and if the prosecution cannot prove you caused the accident by driving negligently or breaking the law while intoxicated, you cannot be found guilty of these charges. Peter M. Liss has over 40 years of experience and accepts all major credit cards. You can schedule a free initial consultation by calling (760) 643-4050.