DUI Charges When Accident Causes Injury – Discussed By San Diego DUI Defense Lawyer

Oftentimes drivers can consume a few alcoholic beverages and still feel confident in their ability to drive and that their legal blood alcohol concentration (BAC) is below the legal limit. Considering people vary in size and tolerance level, it may be difficult to determine what your personal BAC is or should be, which can lead to drivers driving under the influence. If you were recently involved in an accident while driving under the influence, and the accident resulted in injury to another party, you may be facing serious charges that carry severe penalties and punishments. It is important to understand the laws that distinguish the charges surrounding a DUI causing injury (found under California Vehicle Code 23153) and what possible consequences you may be facing.

Elements of DUI Charges in California

Laws in California are very particular when it comes to driving under the influence and causing injury while doing so. Specifically, California Vehicle Code 23153 states in section (a) or (b) that the prosecution bringing forth such charges must prove the following elements in order to be successful:

• You drove a vehicle;
  
• You were under the influence of an alcoholic beverage, drug, or a combination of both;
  
• You committed an illegal act or neglected to perform a legal duty while driving; AND
  
• Your illegal act or failure to perform a legal duty while driving caused serious bodily injury to another person.
  

There are additional considerations regarding whether or not your actions are considered a “cause” based on whether they were a substantial factor or not. Therefore, even if there were several existing contributing factors or causes to the other person’s injury, you may still be punishable.

Penalties in California for DUI Causing Injury

A first offense DUI Causing Injury conviction can be a “wobbler” in the state of California. This means that the prosecutor bringing forth the charges can use his or her discretion in classifying your charge as either a felony or a misdemeanor. Depending on the level of classification, the penalties you may be facing can greatly vary, although both can lead to serious consequences. For example, if you were convicted of felony DUI Causing Injury you may face up to three years in state prison, up to $5,000 in court fines, and your privilege to drive can be suspended for up to three years. In comparison, if you are convicted of misdemeanor DUI Causing Injury conviction you will face up to one year in county jail, up to $5,000 in court fines, and your privilege to drive can be suspended for up to three years.

How a Qualified San Diego DUI Defense Lawyer Can Protect Your Rights Against DUI Causing Injury Charges

If you were recently charged with a DUI Causing Injury and don’t want to risk a felony versus misdemeanor conviction, contact our office today. San Diego DUI defense lawyer Ashby Sorensen has years of experience knowing how to handle DUI cases in order to secure the best possible outcome. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who is dedicated to protecting your rights.