A DUI is a significant crime — but it has the potential to become even more serious if you hurt someone while driving under the influence.
In California, if you are charged with driving under the influence as a first-time offense, it most likely will be charged as a misdemeanor. This level of crime is more serious than an infraction, but far less serious than a felony, which are typically punishable by jail time of one year or more. While a misdemeanor DUI conviction will have an impact on your life, including your ability to drive, it is possible to have this on your record without it having a major impact on your life.
DUIs can also be charged as a felony, which typically happens in cases where a person has multiple prior DUI offenses within the past decade. If you are driving under the influence and hurt another person, the prosecutor can charge you with a felony offense — with the possibility of much more significant penalties and punishment.
What is DUI Causing Injury?
Under California law, a DUI causing injury occurs when a person drives under the influence and causes bodily injury to another person as a result. To prove that you violated this law, a prosecutor must demonstrate three elements: (1) that you were driving under the influence of alcohol or drugs, in violation of California law; (2) you broke another law or did something negligent while driving; and (3) your actions caused an injury to another person.
The first element of the crime is proven by showing that you drove under the influence, and that your abilities were impaired in a manner that you were not able to drive with the caution or care of a sober person using reasonable care. Generally, this means that your blood alcohol content (BAC) was .08% or higher and that you were not able to drive safely as a result. If you were driving a commercial vehicle, the lower BAC of .04% applies.
After proving that you were driving under the influence in violation of California law, the prosecution must next show that you either acted negligently or broke a law while driving under the influence. This illegal action must be in addition to the DUI charge — driving under the influence itself is not enough for a DUI causing injury charge. Finally, the prosecution has to demonstrate that it was your illegal or negligent act that caused the injury to another person. If a person is hurt but not because of your unlawful or negligent act, then the charge of DUI causing injury cannot stand. Importantly, this charge can only be brought when someone other than the driver is hurt — a passenger in your car, the driver or passenger in another car, or a bystander. If DUI causing injury is improperly charged, a skilled DUI lawyer in Tustin, California will likely be able to have the charged reduced to fit the actual facts of the crime.
Penalties for DUI Causing Injury
If you are convicted of a DUI causing injury, the level of punishment will depend on how the case is charged (as either a misdemeanor of felony), your criminal history involving DUIs, and the facts of the case. A misdemeanor conviction on this charge will have slightly increased penalties as compared to a standard DUI, but a felony DUI with injury can have more more serious consequences. This could include up to four years in California State prison (or longer if the injury was grave), a “strike” on your record under California’s Three Strikes law, a 5 year revocation of your driver’s license, fines of up to $5,000, 18 to 30 months of DUI school, and a designation as a habitual traffic offender.
A conviction for DUI causing injury can ruin your life, especially if it is charged as a felony. That’s why you need an experienced DUI lawyer. In Tustin, California, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com for a free initial consultation. We will evaluate your case for all possible factual and legal defenses, and will vigorously defend you against a DUI causing injury charge.
