Why a DUI "Accident" is Still Punishable

Posted by Neil Shouse | Mar 25, 2010 | 0 Comments

California criminal law excuses accidental acts that result in injury…sometimes. We say “sometimes” because in order for an accident to qualify as a California legal defense, it must occur during an otherwise lawful act.

If you are engaged in unlawful activity and “accidentally” injure someone, California criminal law will not excuse your conduct. This is why prosecutors can charge you with a sentencing enhancement…or even a more serious charge alleging DUI with injury…when you are involved in or cause an accident while you are driving under the influence.

DUI is a crime. It therefore follows that any acts that you perform while DUI are criminal as well. This means that if you are DUI and cause an “accident” in the exact same manner as someone who is sober, you will likely be punished for the accident, whereas your sober counterpart will not.

“Accident” only qualifies as a California legal defense under three circumstances:

  1. you didn't intend any harm,
  2. you weren't acting negligent at the time, and
  3. you were engaged in lawful conduct

If even one of these elements isn't satisfied, your accidental conduct will subject you to criminal prosecution. (Refer to our article by our California DUI lawyers, "Can a California DUI conviction be removed from my criminal record?")

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

To contact us, please select your state:

Call us 24/7 (855) 396-0370