Get the Facts: DUI Causing Injury in California

This crime requires proof that you injured someone other than yourself.

Get the Facts: DUI Causing Injury in California

We know that driving under the influence (DUI) is considered a serious crime in California. It carries a whole host of significant penalties, from possible jail time to probation to a license suspension to steep fines and fees. Yet if you hurt someone while driving under the influence of drugs or alcohol, you could face even harsher consequences.

In California, you can be charged with DUI causing injury if you drive under the influence and cause bodily injury to another person as a result. As a DUI attorney San Bernardino, CA can explain, a prosecutor must prove three facts to convict you of this crime:

  • You violated California’s DUI laws;
  • You broke an additional law or acted in an otherwise negligent manner while driving, and
  • Your unlawful act or negligence injured another person.

Importantly, you can be charged with this crime if you (1) drive under the influence of alcohol; (2) drive under the influence of drugs or a combination of drugs and alcohol; or (3) drive with a blood alcohol content (BAC) of .08% or greater (lower if you are driving a commercial vehicle or are on DUI probation).

In addition to breaking California’s DUI laws, you must also either violate another California law or act negligently. This means that it isn’t enough to just drive under the influence — the prosecutor must prove that you did something else that caused another person’s injury. If you were only driving drunk and didn’t violate any other law or otherwise act negligently, then you cannot be charged with this crime. However, if you were driving drunk and speeding at the same time, then you could be charged with the crime because you did something else (violated the traffic law).

Remember that for you to be charged with a DUI causing injury, you must have hurt another person. If you get in a one-vehicle accident and you’re the only person who suffered bodily injuries, then you can’t be charged with this crime. According to a DUI attorney San Bernardino, CA, if you hurt a passenger in your car, a pedestrian, someone in another car — anyone but yourself — you could face a DUI causing injury charge.

This offense can be charged as either a felony or a misdemeanor, depending on the facts of the case and if you have a prior DUI offense during the 10 year “lookback” period. If it is charged as a misdemeanor, the penalties include informal probation of 3 to 5 years, 5 days to 1 year in county jail, up to $5,000 in fines, up to 30 months in mandatory DUI school, and a 1 to 3 year suspension of your drivers’ license. You will also be required to pay restitution to the victim or victims.

If you are charged with felony DUI causing injury, then you may be sentenced to between 2 and 4 years in California state prison — plus an additional 3 to 6 year sentence if any victim suffers great bodily injury. For each person who suffers any injury, you will have 1 year sentence added to your sentence. You will also have a strike added to your record for purposes of California’s Three Strikes Law if anyone other than you suffers great bodily injury. Your driver’s license will be revoked for 5 years, you will be required to go to DUI school for up to 30 months, and you will be required to pay up to $5,000 in fines. You will also be labeled a habitual traffic offender for 3 years.

A DUI causing injury is an incredibly serious charge. That is why it is important to hire a seasoned DUI attorney San Bernardino, CA to represent you if you are facing this offense. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more or to schedule a free initial consultation.

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