Labor Day Weekend: What You Need to Know About Holiday DUI Accidents
Labor Day Weekend is a long weekend meant to pay tribute to working men and women. However, it is also one of the worst weekends of the year for DUI offenses in San Diego. This year, California Highway Patrol reported nearly 1,000 DUI arrests each for 4th of July weekend and Memorial Day weekend, with dozens of fatal crashes. Holiday weekends offer a combination of parties, family gatherings, higher rates of travel, days off work and increased stress which cause a spike in drunk driving accidents.
Drinking and Driving in San Diego
San Diego is on track to set a record high for DUI fatalities. There are certain characteristics about San Diego which make it vulnerable to DUI accidents. San Diego is a popular vacation spot with beaches, high energy clubs, rooftop bars, pool parties, sports bars, wine bars, craft cocktails and a world-class craft beer scene. This gives residents and tourists an abundance of attractive locations to drink alcohol. However, San Diego lacks a robust public transportation system. This means people must rely on cars and other passenger vehicles as the primary mode of transportation. The result is that more people choose to drive home after drinking because of the lack of public transit options.
Drunk drivers are dangerous to everyone on the road, but they are especially dangerous to pedestrians and cyclists who are often out year-round in great numbers due to San Diego’s moderate climate. Busy intersections which are poorly designed, poorly lit, lack bike lanes, have heavy foot traffic, and high-speed car traffic are particularly dangerous for pedestrians and cyclists.
Dangers of Drinking and Driving
Alcohol and drugs are involved in nearly 40% of all fatal traffic crashes each year. Drinking affects a person’s ability to perceive their surroundings, react to emergency situations and safely drive their vehicle. Drinking causes a loss of judgment, impairs vision, and slows reaction time . A drunk driver can’t judge distance, speed and movement of other vehicles well; this affects their reflexes and spatial awareness. Alcohol impairment begins at a blood alcohol concentration (BAC) as low as .02%, which is well below the legal limit of .08%.
Liability For DUI and DUI Accidents
California has strict DUI laws, with first offenses often costing more than $10,000 in fines and legal fees. In addition to criminal penalties, DUI offenders who cause an accident face unlimited civil liability for the damage they cause.
Criminal Liability
It is a criminal offense for any person to operate a vehicle with a BAC of .08% or higher if the person is 21 years old or older. For a commercial driver, the legal limit is .04%. This is the limit for taxis, Uber and Lyft drivers, truckers, limousines, party busses and other paid transportation services. It is illegal for a person under 21 years old to operate a vehicle with a BAC of .01% or higher. If a person is on DUI probation, it is illegal to drive with a BAC of .01% or higher regardless of age.
DUI penalties for a first offense may include jail time, fines, mandatory alcohol/drug education program, mandatory ignition interlock device (IID), lost or suspended driver’s license, and probation. Prior DUI convictions increase the consequences of a DUI. The more DUI convictions a person has, the greater the consequences.
The punishment for a DUI conviction is more severe if the offense involved an accident. The more severe the accident, the more severe the consequences. If a drunk driver kills someone, they can be charged with vehicular manslaughter and even murder. These offenses are typically felonies which carry substantial prison time. In addition to criminal penalties, a DUI offender who causes an accident may also be sued in civil court for the damage they caused. This includes property damage and personal injuries. A criminal DUI conviction is admissible as evidence of fault in a related civil case.
The DUI criminal conviction guidelines below are general guidelines. Not all DUI charges are the same. The penalties for a DUI conviction may be greater in the presence of aggravating circumstances such as refusing to take a breath or blood test, driving with a BAC of .20 or higher, having children under the age of 14 in the car, causing a crash, and driving recklessly or at excessive speeds. Cases where probation is not granted, such as for a prior serious felony, receive harsher sentences.
San Diego Superior Court DUI Conviction Chart (No Injury)
| 1st DUI | 2nd DUI | 3rd DUI | 4th DUI | |
| Probation | 3-5 years | 3-5 years | 3-5 years | 3-5 years |
| Jail Time | 2 days to 6 months | 4 days to 1 year | 120 days to 1 year | 180 days to 1 year |
| Fines | $390-1,000 | $390-1,000 | $390-1,000 | $390-1,000 |
| DUI Program | 3 or 9 months | 18 or 30 months | 18 months | 18 months |
| IID | Not mandatory | 1 year | 2 years | 3 years |
| DL Suspension | 6 months | 2 years | 3-year revocation | 4-year revocation |
San Diego Superior Court DUI Conviction Chart (Injury)
| 1st DUI | 2nd DUI | 3rd DUI | 4th DUI | |
| Probation | 3-5 years | 3-5 years | 3-5 years | 3-5 years |
| Jail Time | 5 days to 1 year | 30 days to 1 year | 30 days to >1 year | 30 days to >1 year |
| Fines | $390-1,000 | $390-5,000 | $390-5,000 | $390-5,000 |
| DUI Program | 3 or 9 months | 18 or 30 months | 18 or 30 months | 18 or 30 months |
| IID | 1 year | 2 years | 3 years | 3 years |
| DL Suspension | 1 year | 3-year revocation | 5-year revocation | 5-year revocation |
Civil Liability
A person who drives over the legal alcohol limit is liable for any damage they cause. This means that a drunk driver who causes an accident faces unlimited liability for injuries and property damage. If the drunk driver is operating someone else’s car with the owner’s permission, the owner of the vehicle is also liable. If the drunk driver is a commercial driver, such as a trucker or taxi driver, then the driver’s company shares liability for the driver’s actions.
A person injured by a drunk driver can sue for past and future medical expenses, mental and physical pain and suffering, lost wages and income potential, emotional distress, lost enjoyment of life, vehicle repairs or replacement, and other damages. If someone is killed by a drunk driver, the victim’s family may file a wrongful death claim. Such claims may include loss of financial support, medical expenses related to the accident, funeral and burial costs, lost companionship, pain and suffering, and other intangible losses.
Social Host Liability for DUI
In some cases, people injured by drunk drivers may be able to sue the person who served the drunk driver. California law significantly limits social host liability for DUIs, with a major caveat for serving alcohol to minors. Serving alcohol to people under 21 years old is strictly prohibited. A social host who knowingly furnishes alcohol to someone under 21 years old can be held liable if the minor causes an accident. This means that if a parent serves alcohol to a minor at their house, and the minor drives home and crashes, the parent who served the minor is liable for all injuries to the minor and anyone else involved in the accident.
A bar, restaurant or similar establishment can likewise be sued if it serves alcohol to an ‘’obviously intoxicated minor’’ who later causes an accident. This means that if a bar serves an obviously intoxicated minor, and the minor drives home and crashes, the bar is liable for all injuries to the minor and anyone else involved in the accident. The bar may also lose its license to sell alcohol, and the person who sold the alcohol may face criminal penalties.
What To Do If Injured by A Drunk Driver
Call 911 immediately and have a police report made. Have the police record the details of the accident and establish whether the other driver was over the legal alcohol limit. Talk to witnesses and get their contact information (name, address, phone number). Take photos of the accident and the damage it caused, including personal injuries. Go to the doctor as soon as possible and receive treatment for your injuries. Continue treatment as advised by your doctor. Save all medical records, including bills and receipts. Contact a proven personal injury lawyer before you contact an insurance company to best preserve your legal rights. Insurance companies will do everything in their power to deny or limit their liability, and from our experience victims of DUI accidents will need a proven personal injury lawyer to receive anything close to the full value of their claims.
If you were injured too badly to get the other driver’s information, it is likely that the police responded to the accident and made a report which would contain this information. You can obtain the report by contacting the police agency who responded to the accident and asking what you need to do to obtain the report. If you hire us to represent you, we can obtain this information for you.
How To Avoid Holiday DUI Accidents
As Labor Day rapidly approaches, here are some tips for staying safe on the roads.
Don’t Drive Intoxicated
This one may seem obvious, but long weekends offer a combination of social gatherings, high rates of travel, days off work and increased stress which may lead people to drink and drive. Get a designated driver, use a rideshare app (like Uber or Lyft), or better yet stay somewhere safe and don’t travel anywhere at all if you have been drinking.
Avoid Driving at Night
Avoid driving at night (especially late at night), even if you are sober. A National Highway Traffic Safety Administration study showed that drivers involved in fatal accidents were more than three times more likely be alcohol impaired at night than during the day. The best way to avoid a DUI accident during the holidays is to stay off the roads completely, especially at night. This means avoiding unnecessary travel and making arrangements, such as staying at a friend’s house, to avoid travelling after dark. Help guests stay safe by offering them a place to stay for the night.
Keep Your Distance from Drivers Who Appear Intoxicated
Be on the lookout for erratic drivers and stay as far away from them as possible. Signs that a driver is intoxicated include swerving, erratic acceleration or deceleration, collisions or near collisions, driving with headlights off at night, driving well above or below the speed limit, turning abruptly or illegally, driving down the wrong side of the road, failure to follow traffic signals, and slow response time. Report drugged or dangerous drivers by calling 911 when it is safe for you to do so. Be prepared to give an exact description of the location and the vehicle, but do not put yourself in danger trying to obtain this information.
Don’t Sleep in Your Car
Sleeping in your car is not only dangerous but can also lead to DUI liability if a police officer suspects that you were driving drunk. Do not sleep on the side of the road. Make sure that you have a safe place to stay for the night, such as a friend’s house or a hotel room. ‘’Sleeping it off’’ in your car is not a safe alternative.
Always Wear Your Seatbelt
Buckling your seatbelt is the single most effective thing you can do to protect yourself in a crash. Buckling up keeps you safe and secure inside the vehicle and keeps you from being ejected, which is almost always deadly. Wearing a seatbelt is not just a good idea, it’s required by law.
Sources
Office of the District Attorney, County of San Diego – Fatal DUIs Spike Amid Covid-19, Even with Fewer People on the Roads
James S. Iagmin Blog – Cyclist Safety in San Diego
National Highway Traffic Safety Administration – Alcohol and Drugs
National Highway Traffic Safety Administration – Drunk Driving
California Legislative Information – California Vehicle Code Section 23152
California Legislative Information – California Vehicle Code Section 23538
California Legislative Information – Senate Bill SB 1046
California Department of Motor Vehicles – Driving Under the Influence
California Legislative Information – California Vehicle Code Section 23600
California Legislative Information – California Penal Code Section 192(c)
California Legislative Information – California Penal Code Section 187
California Legislative Information – California Evidence Code Section 669
Judicial Council of California – Civil Jury Instruction No. 418. Presumption of Negligence per se
California Legislative Information – California Vehicle Code Section 23572
California Legislative Information – California Penal Code Section 1203(k)
California Legislative Information – California Penal Code Section 1192.7(c)
Superior Court of San Diego County DUI Addendum
California Department of Motor Vehicles – Statewide Ignition Interlock Device Pilot Program
California Legislative Information – California Vehicle Code Section 17150
Judicial Council of California – Civil Jury Instruction No. 720. Motor Vehicle Owner Liability – Permissive Use of Vehicle
Judicial Council of California – Civil Jury Instruction No. 3701. Tort Liability Against Principal – Essential Factual Elements
James S. Iagmin Practice Areas – Wrongful Death
James S. Iagmin Blog – Social Host Liability
California Legislative Information – Business and Professions Code 25658
California Legislative Information – Business and Professions Code 25602.1
California Department of Alcoholic Beverage Control – Quick Summary of Selected Laws for Retail Licensees
James S. Iagmin – About Us
James S. Iagmin – Contact Us
National Highway Traffic Safety Administration – Traffic Safety Facts – Alcohol-Impaired Driving
National Highway Traffic Safety Administration – Seat Belts
California Legislative Information – California Vehicle Code Section 27315