It is a surprise to nearly no one that driving under the influence is against the law in California. However, there are often additional issues involving a DUI charge that are not so cut and dry. For example, if a person is driving under the influence of drugs or alcohol and is involved in an accident, is it automatically their fault? In the state of California, they are not.

That said, they are going to want to talk to a criminal defense attorney as soon as possible. Read on to find out more about this situation and then contact Law Office of Michael L. Fell at (949) 585-9055 if you need a free legal consultation from an experienced attorney.

This law may seem confusing

To understand this situation, let us start by saying that in order for a person to be found at fault for an accident in the state of California, they must have been driving the vehicle and while they were driving, they committed an unlawful act or did not perform a legal duty. As a result of that action (or inaction_ someone else must have been injured or property must have been damaged.

On the surface, this seems to include drunk driving. After all, isn’t drunk driving an unlawful act in California? The short answer is that it is – but the long answer is that in order for the state to hold a person responsible for the accident, it is not enough that they were drinking and driving. They must also have been committing a negligent or unlawful act that led to the accident. For example, the driver would be found at fault if they were taking part in a speed contest, were distracted while driving, were driving recklessly, or were breaking another traffic law.

It is possible that more than one person is at fault

California is a competitive negligence state, which means that more than one party can be found at fault for an accident. It is true that driving while drunk can affect a person’s ability to prevent an accident but just because a person’s reaction time was slowed, does not mean that the other driver has no worry about being found at fault. If they also broke a law, then they can be found partially at fault.

You should contact a DUI attorney as soon as possible

If you were under the influence of drugs or alcohol and were involved in a car accident then you may need to contact a personal injury attorney. However, you are definitely going to want to contact a criminal defense attorney. Even if you are not found at fault for the accident, you can still be found guilty of a DUI offense.

Even if you failed a breathalyzer or other field sobriety test, it is wise to talk to an attorney. Depending on the case and your background, there are a number of defense options that may apply. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.