Home -> Law Blog Directory -> Criminal Law Blogs -> DUI Blogger

Criminal Law

: DUI Blogger

Why a DUI "Accident" is Still Punishable

By Neil Shouse, Esq.

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...continue to full post

Full post as published by DUI Blogger on March 26, 2010 (boomark / email).