DUI Emergency Response Bills

California Government Code Section 53150 allows local authorities to recover emergency response costs in DUI cases where there are accidents.  The California legislature has recognized that certain DUI incidents require law enforcement agencies to devote a significant number of resources in performing emergency responses.

Under California Government Code § 53150, a driver whose DUI offense triggered an emergency response can be held financially liable for the costs of the response.

Pursuant to Government Code §53150, “Any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle caused by the influence proximately cases any incident resulting in an appropriate emergency response, and any person whose intentionally wrongful conduct proximately causes any incident resulting in an appropriate emergency response, is liable for the expense of an emergency response by a public agency to the incident.”

Most public agencies will only make a request for expense recovery under Government Code § 53150 where there has been a DUI collision or other similar type of event. Under Government Code § 53155, a driver’s liability is capped at $12,000.

In cases involving a DUI emergency response, the driver will receive a bill in the mail directly from the public agency requesting reimbursement. In some cases, the prosecution will make the reimbursement request directly from the Court as part of the DUI restitution amount.

These emergency response amounts can be challenged based on whether the public agency is entitled to recover costs. For instance, some public agencies will try to recover costs in cases in which a full emergency response was not necessary or will present an overly inflated bill for services.  If challenged, the Court may determine that the defendant is not financially liable for all or some of the claimed emergency response costs.