In California, California Vehicle Code Section 23152(b) VC makes it a crime for any “person who has 0.08 percent or more, by weight, of alcohol in his blood or her blood to drive a vehicle.” This means that if someone is operating a motorized vehicle and has a blood alcohol concentration (“BAC”) limit over 0.08 percent, they are automatically guilty of driving under the influence (“DUI”).
With it’s high population and busy freeways, it is no surprise that California doesn’t take DUI’s, and any injuries that result from them, lightly.
A victim that has been injured by a drunk driver may recover the following damages, which includes, but is not limited to: pain and suffering, lost wages, punitive damages, auto repair bills, medical bills, and lost (future) earning capacity. In addition, families who have lost a loved one because of a drunk driver may also be able to recover the following, which includes, but is not limited to: wrongful death, loss of consortium or a California survival action.
Having an experienced personal injury attorney on your side can help ensure that you obtain the fullest recovery possible. If you have been injured as a result of a drunk driver, it is recommended that you seek an experienced personal injury attorney so that you may better understand your rights.
Authored by Scott D. McDonald, Esq.