Matthew J. Ruff Automobile Accidents Law Blog on Lawyers.com

California law strictly codifies criminal offenses relating to DUI.  When a DUI is related to a car accident the law treats the offense differently.  As a Los Angeles DUI Lawyer I am quite frequently asked about the disntinctions between DWI cases where a car accident is involved and drunk driving cases where no collision is is involved.  By collision I mean any minor contact between two vehicles where damage occurs, and by DUI I use this term to mean driving under the influence and driving when a person's blood alcohol is at or above a .08%.

First, let me say the law does not specifically distinguish those cases of DUI that are related to a collision, versus those that do not involve any accident.  The basic law that governs the area is found in Vehicle Code section 23152.  There is no particular provision that speaks to cases involving accidents.  However, if injury is involved the law allows the DUI to be charged as a felony.  Further, the Court can and will require restitution for any damage caused incident to a DUI arrest or conviction.  In addition, if the collision is incident to a DUI, many District Attorneys will impose a higher sentence due to the collision regardless of who was at fault.