US-CaliforniaVehicles
Accidents, insurance basics, traffic tickets, lemon laws
25 questions
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DUI Law
(5)What is a DUI with injury and what are the penalties?
A DUI with injury in California is driving under the influence that causes bodily injury to another person, charged under Vehicle Code § 23153. Penalties include jail time, fines, license suspension, and mandatory DUI school.
What is the legal blood alcohol limit in California?
In California, the legal blood alcohol concentration (BAC) limit is 0.08% for most drivers aged 21 and older.
Can I be charged with DUI for driving under the influence of marijuana?
Yes, you can be charged with DUI for driving under the influence of marijuana in California—even if you have a medical or recreational license.
Can I refuse a breathalyzer test during a DUI stop in California?
No, you generally cannot refuse a breathalyzer test during a DUI stop in California without serious consequences. By driving, you've given 'implied consent' to chemical testing if lawfully arrested for DUI.
What is an ignition interlock device and when is it required?
An ignition interlock device (IID) is a breath-testing device connected to a vehicle’s ignition that prevents the engine from starting if alcohol is detected. In California, it’s required for all DUI convictions, including first offenses, for specified periods depending on offense count and county.
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Insurance Rules
(6)Does California require uninsured motorist coverage?
Yes, California law requires auto insurance policies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage, but drivers may reject it in writing.
Is the vehicle owner liable if someone else causes an accident in their car?
Yes, in California, a vehicle owner can be held liable for accidents caused by someone else driving their car under the doctrine of permissive use and Vehicle Code § 17150.
What minimum auto insurance must I carry in California?
In California, you must carry minimum auto insurance of $15,000 for injury/death to one person, $30,000 for injury/death to more than one person, and $5,000 for property damage.
What happens if I drive without insurance in California?
Driving without insurance in California is illegal and can result in fines up to $500, license suspension, vehicle impoundment, and mandatory proof of future financial responsibility for 3 years.
What are the limits on owner liability for permissive use in California?
In California, vehicle owners are generally liable for injuries caused by permissive drivers under the Vehicle Code's permissive use doctrine, but liability is limited to $15,000 per person, $30,000 per accident, and $5,000 for property damage unless the owner is personally negligent.
Can I sue an uninsured driver who hit me in California?
Yes, you can sue an uninsured driver in California for damages you suffered — but collecting money may be difficult if they have no assets or income.
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Lemon Law
(4)How many repair attempts trigger the Lemon Law presumption?
In California, the Lemon Law presumption is triggered after four repair attempts for the same defect or 30 cumulative business days out of service within the first 18 months or 18,000 miles.
What is California's Lemon Law and when does it apply?
California's Lemon Law (Song-Beverly Consumer Warranty Act) requires manufacturers to repair serious defects in new vehicles after a reasonable number of attempts; if they fail, consumers are entitled to a replacement or refund.
Can I get a refund or replacement for a lemon car?
Yes, if your new or used car qualifies as a 'lemon' under California’s Song-Beverly Act, you may be entitled to a refund or replacement after the manufacturer has had a reasonable number of repair attempts.
Does California's Lemon Law apply to used cars?
Yes, California's Lemon Law applies to used cars — but only if they are still covered by the manufacturer's new car warranty at the time of purchase or repair.
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Accident Claims
(7)Does MICRA limit noneconomic damages in auto accident cases?
No, MICRA does not limit noneconomic damages in auto accident cases. It applies only to medical malpractice lawsuits.
What is California's comparative fault rule for car accidents?
California uses a pure comparative fault rule, meaning you can recover damages even if you are 99% at fault — your recovery is simply reduced by your percentage of fault.
What must I do after a car accident under California law?
After a car accident in California, you must stop immediately, exchange information with other drivers, report the crash to law enforcement if there’s injury, death, or $1,000+ property damage, and file an SR-1 form with the DMV within 10 days if required.
Can I sue a drunk driver for punitive damages in California?
Yes, you can sue a drunk driver for punitive damages in California if their conduct was malicious, oppressive, or fraudulent — such as driving with a BAC of 0.08% or higher while knowing it was dangerous.
Are hit-and-run accidents a felony in California?
Hit-and-run accidents in California can be a felony if they involve injury or death; otherwise, they are typically a misdemeanor.
Can I recover diminished value of my car after an accident?
In California, you generally cannot recover diminished value from the at-fault driver’s insurer for a personal-use vehicle, because California law does not recognize diminished value as compensable property damage in third-party claims.
What is the statute of limitations for a car accident lawsuit in California?
In California, you generally have 2 years from the date of the car accident to file a personal injury lawsuit.
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License Consequences
(3)What are the penalties for a first DUI offense in California?
A first DUI offense in California is a misdemeanor punishable by up to 6 months in jail, fines of $390–$1,000 (plus penalty assessments), mandatory DUI school, and a 1-year license suspension.
Can my license be suspended for a DUI even before conviction?
Yes, your California driver's license can be suspended before conviction due to an administrative DMV hearing triggered by a DUI arrest.
Can I get a restricted license after a DUI in California?
Yes, you may be eligible for a restricted license after a DUI in California if you meet specific requirements, including enrolling in a DUI program, filing proof of insurance (SR-22), and paying reissue fees.