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About Punitive DUI Penalties

Under California law, a driver who gets drunk, while knowing that he or she will later drive, is subject to punitive damages (if that person then drives and causes a collision). Punitive damages are intended to punish a defendant. They are generally not available in a car crash because it is seen as an "accident." But where a person is driving drunk and causes a collision, the courts have held that is sufficient to warrant punitive damages.

Unbelievably, until 1979 drunk driving in California was seen as an "accident." Then in 1979, the Supreme Court took a new look at the issue. In Taylor v. Superior Court, (1979) 24 Cal. 3d 890, 897 the Court wrote:

"One who willfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a motor vehicle, thereby combining sharply impaired physical and mental faculties with a vehicle capable of great force and speed, reasonably may be held to exhibit a conscious disregard of the safety of others. The effect may be lethal whether or not the driver had a prior history of drunk driving incidents."

There is no requirement that the driver have a history of drinking and driving, or that the defendant intended to cause injury. This change came about at the same time that organizations like MADD (Mothers Against Drunk Driving) became very vocal about the danger posed by drunk drivers. As the Taylor court noted:

". . .it is crystal clear to us that courts in the formulation of rules on damage assessment and in weighing the deterrent function [of punitive damages] must recognize the severe threat to the public safety which is posed by the intoxicated driver. The lesson is self-evident and widely understood. Drunken drivers are extremely dangerous people."

If you have been hurt by a drunk driver, you may be eligible for compensation. Contact our dedicated and award-winning team of Oakland personal injury attorneys at Clancy & Diaz, LLP today. Our firm has recovered over a million dollars on behalf of clients who have been wrongfully injured and are ready to bring capable and aggressive counsel to your case.

Call today to request a free case evaluation. Our team is ready to hear your story.

Categories: DUI Accidents