How To Report A Drunk Driver In California | Steps To Take After An Accident | Expert Help From Attorneys

How To Report A Drunk Driver In California
Key Takeaways:
  • Drunk driving makes the roads unsafe: Driving after drinking puts everyone at risk of injury.
  • Reporting a drunk driver makes the roads safer: How do you report a drunk driver? Call 911 if you suspect someone of drinking and driving.
  • California’s BAC levels define the legal limits: A DUI can be issued if someone is at .08 and over the age of 21.
  • Getting into an accident with a drunk driver can be serious: Victims of a drunk driver are more likely to sustain serious injuries due to the impaired driving of a drunk driver.
  • Contact a personal injury lawyer after an accident with a drunk driver: The circumstances surrounding a drunk driving accident can enhance a personal injury claim, and a lawyer can help you pursue damages.

Driving after drinks can be overwhelmingly dangerous for the drivers, passengers and others on the road. Driving under  influence (DUI) is a punishable crime in California as it might cause accidents and fatalities. So, if you encounter a drunk driver or crash with their vehicle, you must report it. But how to report a drunk driver in California? Is there any special provision to it?

Immediately after the accident, call 911. Also, collect evidence such as photos, videos and medical records of the drunk driver. The BAC test report will help you prove the fault of the drunk driving of the other party. 

Can You Drink Drive In California

What Is Drunk Driving Law and BAC in California?

Drunk driving law is a set of laws that define the act of driving while under the influence. It also lays out the penalties for drunk driving if you’re caught by police or after an accident. A rule known as blood alcohol content (BAC) is part of these laws. BAC refers to the allowable percentage of alcohol in your bloodstream. This is the number you have to reach before you’re charged with DUI. Technically, if you’re under .08 BAC, you’re not legally drunk. However, you can still be charged even though you’re under the limit.

Driver Category Maximum BAC Limit Key Law/Policy
Standard Drivers (Age 21 and older) 0.08% Standard “Per Se” Limit
Commercial Drivers (Operating a Commercial Vehicle) 0.04% Higher Standard for Safety
“Passenger for Hire” Drivers (e.g., Uber, Lyft, Taxi) 0.04% Applies when transporting a passenger
Drivers Under Age 21 0.01% “Zero Tolerance” Law (Vehicle Code 23136)
Drivers on DUI Probation 0.01% Zero Tolerance for any measurable alcohol

What Should You Do Right After An Accident?

The time right after an accident is stressful. This state of mind makes it difficult to know what to do next. You might not be in a condition to do everything that’s suggested below. Do what you can in the moment, then let the police and your lawyer take it from there.

Call 911:

Call emergency services as soon as possible. The outcomes are better when EMS can quickly get to your accident scene. In the event your car is equipped with an automatic emergency response system, let it do its job and check yourself over for injuries.

Identify The Drunk Driving Signs:

Make note of the way the offender was driving at the time of the accident. A drunk driver is likely to weave or drift into oncoming traffic. They’re also more likely to blow through traffic controls such as stop signs and red lights. This can help you later when you make a claim for damages.

Document the Scene:

Use whatever you have at hand to record the accident scene. You can use your phone to take a video while you narrate your memory of the events. You can also describe what’s going on for a spoken record. Close-up pictures of damage to your vehicle and your injuries are useful. Writing down the details also helps if your phone was broken.

Report the Accident:

A police officer should show up to the scene in response to the call. You can give them your point of view of what happened. The officer writes a report once they’ve collected all the information. They’ll charge the offender with a DUI, and you can use that charge as part of your claim.

How Do You Report a California Drunk Driver?

The following shows you how to report a drunk driver California. The police respond to someone who’s looking to report a drunk driver California as long as they’re close by. You can also do this if you suspect someone is driving drunk, but hasn’t caused an accident.

How Do You Report A California Drunk Driver

Collect the Evidence:

An accident generates a lot of information and evidence that can be used in a personal injury claim. Here’s what you should collect after an accident.

Medical Records and Treatment Plans:

You can get your medical records from your physicians, or you can download them from your online health records. Also, include treatment plans that help you with your recovery.

Beyond your own medical records, collect the BAC test results of the suspected drink and drive person. It includes:

Test Name Key Result to Prove Intoxication
Blood Alcohol Content (BAC) Test (Blood Draw) A reading of 0.08% or higher
Breathalyzer Test (Breath Sample) A reading of 0.08% or higher
Urine or Saliva Test (Toxicology Screen) Positive result for alcohol (ethanol) or other impairing drugs

Witness Statements and Surveillance Footage:

Go to the scene of the accident and look for security cameras. You can ask the property owners for video footage of your accident. You can also ask around to find witnesses who saw what happened.

The witness report and surveillance are crucial to prove the physical signs of a drink and drive case. When a driver is driving under influence (DUI), he could show up a few physical and behavioral symptoms:

  • Slurred speech
  • Bloodshot or glassy eyes, 
  • Smell of alcohol,
  • Unsteadiness
  • Aggressive behavior.

File Personal Injury Lawsuit Claim

After you’ve received medical attention, it’s time to contact a personal injury lawyer. They’ll help you recover damages that help you recover from the accident.

Hire An Expert Personal Injury Attorney

It’s not a good idea to try and make a personal injury claim on your own. This is especially true after a drunk driving accident. You want the help of a personal injury attorney who knows how to handle this type of accident. The lawyer takes over the situation so you can recover without the added stress of dealing with the insurance company.

Calculate Drunk Driving Accident Compensation Payout:

A personal injury lawyer has the necessary training to calculate a claim to recover your expenses. They consider tangible items that include your injuries and non-tangible items such as pain and suffering. Here’s a look at what goes into determining an appropriate claim amount.

Medical Expenses:

Your medical expenses are totaled up. The goal is to ensure that these bills are paid. The lawyer will ask for enough money to cover your costs.

Lost Wages and Earning Capacity:

A request is made to repay earnings you lost as you recovered from the accident. If you suffered an injury that altered your ability to earn, damages are asked for to cover your future wages.

Non-Economic Damages:

These types of damages include:

  • Pain and suffering
  • Loss of consortium
  • Inconvenience caused by the injury

And more.

Punitive Damages

Punitive damages are intended to punish the person who caused the accident. They’re usually allowed when the offender has done something to all but guarantee they would get into a crash.

Legal Aid and Financial Assistance:

Your personal injury lawyer can request that their costs be covered by the defense. This helps cover the costs of the legal work they do on your behalf. In the event you had to get a loan against your claim, you can repay that loan when your claim is settled or awarded.

Contact The Ledger Law Firm

Seek Expert Help For Drunk Driving Case:

If you’ve been hit by a drunk driver, you most likely suffered serious injuries as a result. Getting expert help for this type of personal injury means you can get a fair settlement or award for your injuries and more. At The Ledger Law Firm, we can help you recover damages that take care of your medical bills and more. Get in touch with us today to talk to our team and set up a consultation. We’ll go over the details of your case with you and guide you through the next steps.

Conclusion:

It’s unfortunate that people decide to drive while intoxicated every day. They put their lives and those of innocent people at risk. In 2023, about 1,400 people lost their lives to drunk drivers. Those that survived their injuries had to deal with the aftermath of being injured by someone being irresponsible.

People should not drive drunk no matter what the circumstances are. Call someone to come pick you up, or call a taxi. The cost of a DUI is bigger than you realize, and it’s even more when you get into an accident. Plan your ride home before you leave so you can return safely.

FAQ - Frequently Asked Questions:

1. What Happens If I Mistakenly Report A Drunk Driving Case? Is it a crime?

It’s not a crime if your intentions were good. If you had a suspicion that someone was driving drunk, you won’t be punished for trying to protect the public.

2. I'm hit by a Drunk Driver; What Should I Do Now?

Make sure that you’re OK and call 911. If you’re unable to move, wait for emergency services to arrive. The best course of action is to stay calm and focused on yourself.

3. Can You Report a Drunk Driver After The Fact?

If the drunk driver is no longer in their car, you can’t report them for breaking the law. They need to be behind the wheel in order for them to get a DUI.

4. Is It Possible to Sue a Drunk Driver if he hits me?

Yes, you can sue a drunk driver who hit you and caused an accident. All you need is to prove that he was drinking under influence and it caused the accident. The BAC test result will help you with the cause. 

5. Do I Need to Hire a Personal Injury Attorney for my DUI case?

There’s no legal requirement that says you have to hire a personal injury attorney for your DUI case. It’s a good idea to hire a lawyer because they can use the law effectively on your behalf.

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