Impaired driving is a serious offense in California. Driving under influence is in the purview of criminal code, implying it is a criminal offense. California has one of the strictest DUI laws in the country. The charges can be more severe and warrant harsher punishments if there is an accident, damage to property, injury and fatality. Appointing a DUI Accident Lawyer in San Francisco is the first step you should take if you have been charged with driving under influence and involved in an accident.
Seek Immediate Legal Representation for a DUI Car Accident in San Francisco
DUI offenses are subjected to criminal prosecution. There will be a trial and if proven guilty, the sentence can include fines, penalties, suspension of license, community service, enrollment into rehab and other support programs, jail term and use of ignition interlock device. DUI accidents warrant harsher punishments. The consequences can be worse if someone or injured or if somebody died. Damage to property also aggravates the scenario for the accused. There is a possibility of being slapped with a lawsuit too if there were more than one victim and property damage was extensive. Any additional charge can complicate the case and the trial becomes more daunting.
You must seek immediate legal representation for a DUI car accident San Francisco, California. California Vehicle Code Section 23153 VC “DUI causing injury” defines the crime as drinking and driving, causing bodily injury to a fellow driver, commuter or pedestrian, damaging property and associated consequences, either immediate or in the aftermath. Prosecutors can charge the accused of misdemeanor or felony. The latter involves harsher punishments. An accused should appoint a qualified and trained, experienced and specialized DUI accident lawyer in San Francisco, California.The lawyer or team of lawyers should have a history of winning unwinnable cases.
DUI manslaughter is a charge applicable to an accused who was driving under influence and has caused an accident that led to the death of one person or more. The charge is also at times referred to as California DUI Murder or Watson Murder. DUI manslaughter is a very serious charge and there is an unavoidable jail term if proven guilty. Severest cases often lead the judges to sentence the accused when proven guilty to life imprisonment. Jail term is not the only punishment. There are hefty fines too. DUI manslaughter has life altering implications.
Watson Murder was used as a term for the first time in 1981 when the case People v. Watson came up in the Supreme Court of California. The case set the precedent of charging a driver under influence with murder if the accident led to the death of someone. Watson Murder or DUI murder is second degree murder under Penal Code 187 PC. DUI manslaughter is applicable if the accident was fatal for someone. There is another provision in the law as per Penal Code 191.5(a) PC wherein an accused is charged with a grossly negligent act and California DUI, thereby causing the death of a person.The only way to fight such charges and to ensure that the case is turned in favor of the accused is to hire the most experienced DUI accident lawyer in San Francisco.
Do Not Hesitate To Contact Us If You Have Received A DUI Offense in San Francisco
Types Of DUI Charges:
Consequences Of A DUI:
In San Francisco Impaired Driving Causing Death Is A Homicide Offense
DUI manslaughter is when a driver causes an accident while under the influence of alcohol or some other prohibited intoxicant and as a result kills the passengers of the car, occupants of another car or pedestrians. DUI manslaughter is treated as a homicide offense under the Penal Code Section 191.5(a) PC and can lead to a sentence in the state prison of four, six or ten years.
DUI Causing Death is Homicide in San Francisco
DUI murder or manslaughter is homicide in San Francisco. It is under the same Penal Code 191.5(a) PC that deals with homicide. Second degree murder in the state of California can lead to imprisonment for up to ten years. Combined with California DUI, an accused can be jailed for much longer. If this is the second DUI offense, the punishment is harsher. Those who violate the three strikes law and get charged with DUI murder can be jailed for life.
An accident may cause injury and even death. Accidents leading to injury or death are not dealt with as criminal offenses but they fall under the criminal penal code if the driver was negligent, under the influence of alcohol or any other substance, if there was recklessness and other unusual actions or reactions. It is easier for the law enforcement and the prosecution to establish a criminal case and plead for harsher sentences if the person causing the accident that led to injury or death was under the influence. Establishing DUI, negligence and recklessness becomes the foundation of the cause of the accident and hence the injury or death.
You need a DUI lawyer in San Francisco who regularly partakes in trials. You do not need an attorney who can help you negotiate. You need an expert trial lawyer. It is essential to build a strong case that not only counters the claims of the prosecution but also presents a convincing argument in favor of the accused. Nothing else can turn the odds against the prosecution and by extension the law enforcement. Prosecution will ask for the harshest punishment in case of DUI manslaughter in San Francisco, especially if someone is killed in an accident. It is the job of an astute lawyer to fight the case accordingly.
Appoint a San Francisco DUI Accident Attorney who will Uphold your Rights
The strict laws and subsequently harsher punishments make DUI accident and manslaughter serious offenses and life altering charges if an accused is proven to be guilt. Defendants need reliable, knowledgeable and resourceful San Francisco DUI accident lawyers who can help uphold their rights and figure out a strategy to outmaneuver the prosecution. Appoint an experienced DUI accident attorney in San Francisco who is a trial lawyer and has an impeccable track record.
San Francisco DUI Defense Attorney