Despite the laws and regulations put in place to dissuade people from impaired driving, it’s still an issue. According to the National Highway Traffic Safety Administration (NHTSA), every 44 minutes, one person in the United States dies due to a drunk-driving crash. In 2024, 11,904 people died in alcohol-impaired driving accidents.
This leaves communities and families to grieve their loved ones as they try to navigate the aftermath of a tragic passing. A Santa Ana wrongful death lawyer can give you and your loved ones the time to focus on grieving while we get you the compensation you deserve.
What is Impaired Driving?
Impaired driving is a broad classification that refers to people who operate vehicles under the influence of illicit drugs, prescription drugs, over-the counter medicine, cannabis and/or alcohol. This is illegal in all 50 states as it puts the lives of everyone on the road in grave danger.
What is Alcohol and How Does It Affect Someone?
Alcohol is a liquid that can reduce brain and motion faculties. The more alcohol someone consumes, the more it affects the nervous system as it moves through the body until it is metabolized by the liver. The more alcohol in someone’s body, the higher their blood alcohol concentration becomes.
How Blood Alcohol Concentration Levels Affects Drivers
In most states it is illegal to drive with a blood alcohol concentration (BAC) level of .08, expect in Utah where the BAC limit is at .05. However, drinking affects people differently based on their body composition. Lighter people tend to reach .05 after a drink compared to someone on the heavier side who will take 2 or 3 drinks to reach .05. The following shows how each level on the BAC scale affects a driver.
- .02 BAC. At .02, people become relaxed, and their ability to track moving targets and to multitask declines.
.05 BAC. At .05, people cannot focus, have lowered alertness, and release their inhibitions. This leads them to have reduced coordination and difficulty steering and reacting to emergency situations.
- .08 BAC. At .08, people lose muscle coordination, self-preservation, and processing capabilities. They also experience short-term memory loss and impaired perception.
- .10 BAC. At .10, people have poor coordination, less control of their limbs, and a loss of balance. They are also unable to process visual and auditory cues appropriately.
Drugs
The smell of marijuana while you’re in public is unavoidable in California. Despite the law stating it is illegal to smoke while driving a vehicle, in public spaces, and anywhere where tobacco smoking is also prohibited, any Californian can tell you multiple stories of people in a public space or on the road smoking on their vape, cigarettes, joints, and/or weed pens. However, the real danger is on the road.
Prescription Drugs
Sometimes when people take over-the-counter medication or get a new prescription, people report side effects. Some people experience headaches, nausea, drowsiness, and other changes to the body as it adjusts.
While this is not the most common form of impaired driving accidents, they still occur. If you’re changing medication or taking over-the-counter medication, it’s not recommended to operate any vehicle until your body isn’t affected by it.
How Drugs Affects Driving
Drugs can be categorized as either uppers or downers. Uppers refer to stimulant drugs that keep the nervous system on high alert. Common examples include caffeine, cocaine, and methamphetamine. Downers refer to drugs that slow down brain activity and can leave the user feeling numb. Common examples include alcohol, opioids, and marijuana.
The use of any of these drugs affects body movement, focus, coordination, and memory. This can lead people to drive either too fast or too slow, depending on the drug(s) they took and how much of it they ingested. For example, if someone took marijuana right before driving, the risk of getting into a vehicle accident increased by 25 to 35 percent according to the California Office of Traffic Safety (OTS).
Call our personal
injury lawyers today
Penalties
If caught driving impaired, the first offense can be considered a misdemeanor, unless there is an injury or fatality. If someone was injured during an accident, it becomes a felony. The typical first offense includes punishments in the form of:
- A fine between 1,800 and 3,000 dollars
- 6 months in county jail
- A 6-month license suspension
- 3-month mandated DUI school
- 3 to 5 years of probation
- Installation of an ignition interlock device
- Vehicle impoundment
If someone receives more infractions, the penalties become longer and much more expensive. If someone is caught driving impaired more than three times, their misdemeanor turns into a felony. This turns a jail sentence into a prison sentence.
Ignition Interlock Device
An ignition interlock device (IID) is a breathalyzer that is installed into a vehicle. Before starting the car, the driver must blow into the mouthpiece to show they are not under the influence. If the IID detects alcohol, the engine will not start.
In some cases, the IID will ask for additional samples while driving to make sure the driver isn’t under the influence. If they are, the IID will log the event, notify the driver and ask them to safely pull over and turn off the vehicle or provide a clean breath sample.
How Impaired Driving Affects Communities
Not only do accidents from impaired driving cause serious damage to the lives and health of those involved in an accident, but they also cause financial and personal burdens on unsuspecting people.
In the aftermath of an accident, people may need assistance from a Santa Ana wrongful death attorney to receive compensation for the unfortunate passing of a loved one as well as for the damages caused by the accident.
On a community level, it leads to the creation of advocacy groups like Mothers Against Drunk Driving (MADD), Students Against Destructive Decisions (SADD), and Friends Against Drinking and Driving (FADD).
personal injury lawyer
get a free consultation
How to Get Home Safely After Consuming Alcohol
There are many ways someone can get home safely after a night of festivities.
- Designated drivers. Having a designated driver to ferry people home helps keep the roads safe and ensures that people get home safe as well.
- Rideshares and taxis. Getting a rideshare or a taxi home can also be a great way to avoid driving under the influence. However, it’s recommended to not get one for someone who is known to be rowdy.
- Stay overnight. The safest thing to do is to keep someone overnight. Have them sleep off the effects before sending them home sober.
- Public transportation. Depending on the time of day, taking public transportation can also be a good way to get home if the person isn’t too rowdy.
- Limit drinking. If you’d still like to drink, limit your drinking and cut yourself off after a certain hour. Limit yourself to 2 or 3 drinks so that your body has enough time to flush the effects out of your system.
FAQ
Are Sobriety Checkpoints Legal?
Yes, they are. While unlawful searches aren’t allowed, you can still be stopped at random and asked to take a breathalyzer test at one of these stops. These sobriety stops typically pop up around heavy drinking holidays such as Labor Day and the 4th of July.
How Long Does a DUI Stay on a Driving Record?
A DUI conviction stays on a driving record for 10 years.
How Much is a Wrongful Death Lawyer?
A wrongful death lawyer, like a personal injury lawyer, works on a contingency fee. This means that a lawyer will take a case, and if they win, they’ll take a percentage of the winnings. This number is usually between 30 and 40 percent of the winnings. Confirm this number with your Santa Ana wrongful death lawyer before formally partnering with them.
What Can I Recover in a Wrongful Death Case?
In a wrongful death case, the surviving family can recover compensation for funeral costs, medical bills, and any other pain and suffering the accident caused the family. It’s recommended that all eligible family members file this case together to avoid confusion in the court.
How Long Do I Have to File a Wrongful Death Case?
In California, the statute of limitations is two years. However, that number can decrease if the accident involves a government vehicle. Regardless, it’s highly recommended to file your case sooner rather than later.
How Long Do Wrongful Death Cases Take?
Most wrongful death cases take about 12 to 24 months to settle, depending on the complexity of a case.
Do I Have to Go to Court?
For a wrongful death case, not often. It’s a rare circumstance if you do have to go to court. However, if you are facing a felony offense for impaired driving, then yes.
What are the Common Injuries after an Impaired Driving Crash?
The most common injuries include whiplash, back injuries, broken bones, brain injuries, bruising, bulging disk, and organ damage.
What Do I Do After an Impaired Driver Crashes?
Call the police and emergency services. Check on the driver and any victims to make sure they’re responsive and able to move. Gather as much information as you can before emergency services arrive.
What Information Do I Need?
Record anything related to the accident. This can be car information, license plates, any surveillance footage, dashcam footage, and photos of the scene.
Contact a Santa Ana Wrongful Death Lawyer Today!
Impaired driving accidents don’t always end tragically. However, a Santa Ana wrongful death lawyer is always available to discuss a case. Our team at Vaziri Law, LLP, is dedicated to helping you and your community recover the compensation you deserve after an accident. For a free consultation, contact us today!
