CA DUI Info

whiteboy81

Senior member
Feb 11, 2004
346
0
0
I have a friend who was recently involved in an auto accident, then was given a DUI. There were no other cars involved (he hit the center divider on the freeway and then went under the guard rail). There were 3 other people in the car, all are fine with just minor cuts and bruises. Basically I have 2 questions:

Does anyone know if he can be charged with something other than DUI because he damaged public property or because he was involved in an accident while under the influence?

He has been told by several people that insurance will not cover the damage to his car because he was under the influence, is this true?

Thanks for any help you can give, I do appreciate it.
 

z0mb13

Lifer
May 19, 2002
18,106
1
76
do the cops have evidence that he was driving under the influence??

did he actually drive under the influence??
 

KLin

Lifer
Feb 29, 2000
30,951
1,080
126
Originally posted by: whiteboy81
I have a friend who was recently involved in an auto accident, then was given a DUI. There were no other cars involved (he hit the center divider on the freeway and then went under the guard rail). There were 3 other people in the car, all are fine with just minor cuts and bruises. Basically I have 2 questions:

Does anyone know if he can be charged with something other than DUI because he damaged public property or because he was involved in an accident while under the influence?

He has been told by several people that insurance will not cover the damage to his car because he was under the influence, is this true?

Thanks for any help you can give, I do appreciate it.

I've nothing to offer but that your friend is a total moron. He could have gotten himself and 3 other people killed because he decided to drive while drunk.
 

Zim Hosein

Super Moderator | Elite Member
Super Moderator
Nov 27, 1999
65,526
410
126
Originally posted by: KLin
Originally posted by: whiteboy81
I have a friend who was recently involved in an auto accident, then was given a DUI. There were no other cars involved (he hit the center divider on the freeway and then went under the guard rail). There were 3 other people in the car, all are fine with just minor cuts and bruises. Basically I have 2 questions:

Does anyone know if he can be charged with something other than DUI because he damaged public property or because he was involved in an accident while under the influence?

He has been told by several people that insurance will not cover the damage to his car because he was under the influence, is this true?

Thanks for any help you can give, I do appreciate it.

I've nothing to offer but that your friend is a total moron. He could have gotten himself and 3 other people killed because he decided to drive while drunk.

I concur! :|
 

Francodman

Diamond Member
Dec 11, 1999
4,965
0
76
Originally posted by: Zim Hosein
Originally posted by: KLin
Originally posted by: whiteboy81
I have a friend who was recently involved in an auto accident, then was given a DUI. There were no other cars involved (he hit the center divider on the freeway and then went under the guard rail). There were 3 other people in the car, all are fine with just minor cuts and bruises. Basically I have 2 questions:

Does anyone know if he can be charged with something other than DUI because he damaged public property or because he was involved in an accident while under the influence?

He has been told by several people that insurance will not cover the damage to his car because he was under the influence, is this true?

Thanks for any help you can give, I do appreciate it.

I've nothing to offer but that your friend is a total moron. He could have gotten himself and 3 other people killed because he decided to drive while drunk.

I concur! :|



oh hush
 

bradruth

Lifer
Aug 9, 2002
13,479
2
81
Originally posted by: Zim Hosein
Originally posted by: KLin
Originally posted by: whiteboy81
I have a friend who was recently involved in an auto accident, then was given a DUI. There were no other cars involved (he hit the center divider on the freeway and then went under the guard rail). There were 3 other people in the car, all are fine with just minor cuts and bruises. Basically I have 2 questions:

Does anyone know if he can be charged with something other than DUI because he damaged public property or because he was involved in an accident while under the influence?

He has been told by several people that insurance will not cover the damage to his car because he was under the influence, is this true?

Thanks for any help you can give, I do appreciate it.

I've nothing to offer but that your friend is a total moron. He could have gotten himself and 3 other people killed because he decided to drive while drunk.

I concur! :|

As do I.
 

whiteboy81

Senior member
Feb 11, 2004
346
0
0
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.
 

yukichigai

Diamond Member
Apr 23, 2003
6,404
0
76
His insurance probably will still cover him for liability, since I think they're required to by CA law, but I know his insurance rates are going to skyrocket. In all liklihood he won't be able to afford it. And that's justified I think if he was really drinking and driving. If you're talking about his insurance covering him for comp, as in repairing his car, then there's no way in hell they will. It was entirely his fault the moment he got behind the wheel whilst liquored up.

So was he actually DUI? I'm assuming yes.
 

bradruth

Lifer
Aug 9, 2002
13,479
2
81
Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

I haven't done it before.
 
Oct 9, 1999
15,216
3
81
call the law offices of TOP GUN DUI and Miles L Burman..

he should help you out... http://www.topgundui.com/


like he says on his radio ad .. "friends dont let friends plead guilty"..


<this is info that is coming for me as a public disclosure.. i offically do not recommend drinking and driving.. however this is a public board and i cannot be held liablie for information that is publically available on google>
 

SuperTool

Lifer
Jan 25, 2000
14,000
2
0
Originally posted by: bradruth
Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

I haven't done it before.

Want a cookie?
 

yukichigai

Diamond Member
Apr 23, 2003
6,404
0
76
Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.
It's people like you that cause most highway deaths.

A .13 is too much, regardless of how much you weigh or how "experienced" a drinker you are. A BAC measurement is relative to your body mass because of the way it is measured. The only factor his weight plays is how many drinks it took to get him there.

.08 is toeing the line as it is. It is because of "knowledge" like that which you posted above (read: misinformation and lies) that people think they are capable of driving. And no, most of us haven't "done it" before. Certainly not like your friend did.

By the way, .13 was apparantly high enough this time around because your friend ran into a f%$#ing highway divider. That should have been the first clue he wasn't capable of handling a vehicle.
 

Gyrene

Banned
Jun 6, 2002
2,841
0
0
Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

Being an "experienced drinker" doesn't change the influence of alcohol over a person. Most people haven't done it before, and you're a moron if you think they have.
 

Fausto

Elite Member
Nov 29, 2000
26,521
2
0
Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.
Blah, blah, blah. F*ck your friend. I'd still have a good friend of mine if some dickhead hadn't decided to drive drunk one day. :|

 

boyRacer

Lifer
Oct 1, 2001
18,569
0
0
Originally posted by: The_good_guy
call the law offices of TOP GUN DUI and Miles L Burman..

he should help you out... http://www.topgundui.com/


like he says on his radio ad .. "friends dont let friends plead guilty"..


<this is info that is coming for me as a public disclosure.. i offically do not recommend drinking and driving.. however this is a public board and i cannot be held liablie for information that is publically available on google>

i thought you were joking at first... :Q
 

IBuyUFO

Golden Member
Oct 9, 1999
1,717
0
76
So if .13 is not that high for him then why in the hell did he crash into the center divide? Was he doing it for fun or something?
 

whiteboy81

Senior member
Feb 11, 2004
346
0
0
Look I'm not trying to turn this into a public debate about Drunk Driving, I am just trying to gain some knowledge and information. Hate him if you want, disrespect him if you want, but if you know of any links or info that would be helpful please forward them over.

I said before I respect your opinions about him being an asshole and all. As far as him hitting the center divider, he was cut off by another vehicle and it was either that or cause a worse accident.

Thanks to anyone willing to help.
 

bradruth

Lifer
Aug 9, 2002
13,479
2
81
Originally posted by: SuperTool
Originally posted by: bradruth
Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

I haven't done it before.

Want a cookie?

No thanks.
 

minendo

Elite Member
Aug 31, 2001
35,560
22
81
Originally posted by: whiteboy81
Look I'm not trying to turn this into a public debate about Drunk Driving, I am just trying to gain some knowledge and information. Hate him if you want, disrespect him if you want, but if you know of any links or info that would be helpful please forward them over.

I said before I respect your opinions about him being an asshole and all. As far as him hitting the center divider, he was cut off by another vehicle and it was either that or cause a worse accident.

Thanks to anyone willing to help.
Tell your friend to pay the fines, take responsibility, and always be to court on time.

 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: whiteboy81
I have a friend who was recently involved in an auto accident, then was given a DUI. There were no other cars involved (he hit the center divider on the freeway and then went under the guard rail). There were 3 other people in the car, all are fine with just minor cuts and bruises. Basically I have 2 questions:

Does anyone know if he can be charged with something other than DUI because he damaged public property or because he was involved in an accident while under the influence?

He has been told by several people that insurance will not cover the damage to his car because he was under the influence, is this true?

Thanks for any help you can give, I do appreciate it.
Answer to question #1:
Yes, he could be charged with damaging property, but because he may actually have damaged property, not just because he was DUI.

Answer to question #2:
Absolutely false. He may not be convered for other reasons, but not simply because he was DUI.

Hopefully, this will be a good learning experience for your friend.
 
Mar 22, 2002
10,483
32
81
I would should your friend to make it so it was impossible for him to endanger anybody else. Your friend = utter moron. I hope his insurance drops him, then he can't get any more insurance. I hate it when people try to protect horribly stupid decisions.
 

SuperTool

Lifer
Jan 25, 2000
14,000
2
0
Obviously your friend was drunk enough to hit the center divider.
I may have driven home when I was marginal a couple times. I usually go by that chart from DMV of how long I have to wait before driving back but its not an exact science.
 

tm37

Lifer
Jan 24, 2001
12,436
1
0
Originally posted by: whiteboy81
He had a .13 BAC, so there is evidence he was over the legal limit, which is .08 in CA.

Those of you who are pissed that he was driving under the influence, I respect your opinion, but I'm sure most people have done it before and .13 is not that high of a BAC especially for a 240 lb experienced drinker. He did pass all field sobriety tests, just didn't pass the breathalizer.

He is my best friend and I just want to help him out, so any info would be much appreciated.

Yes I have done it.

Yes I did survive.

Yes I would KILL anyone who hurt my wife and/or children due the fact that they were being stupid.

I know I have in the very distant past diven under the influence BUT two things, 1-I WAS LUCKY I never got cuaught and 2- I wonder how I could have been so stupid. Now I am not one of thoose people that claim to be holier than thou. I will say however that the penalties are stiff as they should be.

I Also think that the penalties FOR MULTIPLE OFFENDERS should be STIFFER and should not just include fines and licence suspensions.

I am not going to condem your friend for making a mistake, however don't act like it isn't that big of a deal. IT is a big deal and considering in the State of California they start the demonization of alcohol at a very early age he should have had a pretty good idea of what the risks were.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: SociallyChallenged
I would should your friend to make it so it was impossible for him to endanger anybody else. Your friend = utter moron. I hope his insurance drops him, then he can't get any more insurance. I hate it when people try to protect horribly stupid decisions.
I have a idea... why don't we shoot you for your dangerous stupidity?

I see the idiotic AT lynch mob is out in force again
rolleye.gif

You folks can put anyway your rope and tar and feathers and burning cross and go back to bed now. This guy will pay for what he did, he doesn't need death threats... it's not like we don't have laws and strict punishments for DUI in this country...