It is well-known that driving under the influence (DUI) is regarded a serious felony in the state of California. It has a slew of serious consequences, including the possibility of jail time, probation, license suspension, and hefty fines and fees, among other things. However, if you cause injury to another person while driving under the influence of drugs or alcohol, you might face much more severe penalties.
DUI causing injury is a crime in California that can be filed against you if you drive while under the influence of alcohol or drugs and cause bodily injury to another person. An experienced DUI lawyer can explain that in order to convict you of this offence, the prosecution must show three facts. Keep reading to learn what they are and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
The Three Elements of DUI Causing Injury
They must prove: you were driving under the influence of alcohol or drugs in violation of California law; you breached another law or acted in a negligent manner in any other way while driving; and your illegal conduct or negligence caused injury to another person.
This offense can be prosecuted against you if you (1) drive while under the influence of alcohol; (2) drive while under the influence of drugs or a combination of drugs and alcohol; or (3) drive when your blood alcohol content (BAC) is.08 percent or above (lower if you are driving a commercial vehicle or are on DUI probation).
In addition to violating California’s DUI statutes, you must either violate another California law or behave irresponsibly in order to be charged with DUI. This implies that it is not enough for the prosecutor to establish that you were driving under the influence; the prosecutor must also prove that you did something else that resulted in the damage of another person.
In the event that you were just driving while intoxicated and did not break any other laws or otherwise act carelessly, you will not be prosecuted with this offense. However, if you were driving while intoxicated and speeding at the same time, you might be charged with the offense since you engaged in another activity at the time (violated the traffic law).
Always remember that in order to be prosecuted with DUI causing injury, you must have caused bodily harm to another individual. If you are involved in a single-vehicle collision and you are the only one who sustains physical injury, you will not be prosecuted for this offence. You might face a DUI causing harm accusation if you cause injury to a passenger in your automobile, to a pedestrian or to someone in another vehicle other than yourself, according to a DUI attorney in San Bernardino, California.
Potential Consequences if You Are Convicted of DUI with Injury
The facts of your case and whether you have been convicted of a prior DUI crime within the 10-year “lookback” period will determine whether or not you will be charged with a felony or a misdemeanor for this incident. As a misdemeanor, you could face three to five years of unsupervised probation, as well as up to one year in county jail, up to $5,000 in fines, up to 30 months of mandatory DUI school, and a one-to-three year suspension of your driver’s license. If you are convicted, you could also face a one-to-three year suspension of your driver’s license. In addition, you will be compelled to provide compensation to the victim or victims of your crime.
If you are convicted of felony DUI causing injury, you could face a sentence of between 2 and 4 years in state prison in California, as well as an additional 3 to 6 years in prison if any of the victims suffers serious bodily injury. If any of the victims suffers serious bodily injury, you could face an additional 3 to 6 years in prison.
Every individual who is injured will result in an additional year of imprisonment being added to your sentence. If you cause serious physical injury to someone other than yourself, you will additionally receive a strike against your record for the purposes of California’s Three Strikes Law. Your driver’s license will be suspended for five years, and you will be compelled to attend DUI school for up to 30 months, as well as pay fines of up to $5,000, if you are found guilty. In addition, you will be classified as a “habitual traffic offender” for a period of three years.
As you can see, this is a serious offense and it requires the best DUI attorney you can find. Contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation.
