Whenever a car accident occurs, police often look for the reason why it took place. If the driver who caused the accident appears to be drunk and a person is injured because of it, he/she could face some serious felony charges. The most important step a DUI suspect should take after being arrested is to call an experienced attorney, especially where a DUI arrest involves an accident and injuries.
A DUI with injury – this charge is given for when a driver with a BAC (blood alcohol content) level of .08 percent or more or when the driver’s ability to operate a motorized vehicle has been compromised by either alcohol or drugs results in a vehicle accident that causes injury to another person. The injury sustained could be either minor or life-threatening, although the extent of the injury will affect the severity of punishment the prosecution will determine to be appropriate.
In the state of California, any DUI that results in injuries may be a misdemeanor punishable by county jail, or a felony with imprisonment up to 16 months, two years or even three years in state prison. If multiple people are injured in the accident, or if the DUI results in great bodily injury, a defendant can face up to a three year penalty enhancement in addition to the base sentence. While the majority of DUI cases are handled as misdemeanors, DUI cases which involve injuries or death are usually filed as felonies in San Bernardino or Riverside County.
If a person is arrested for drug related DUI charge, it is very important to seek the assistance of an experienced attorney who understands the charges as they can prove complicated. An experienced attorney will be able to review the evidence and prepare a defense that gives you the best chance to beat the charges or negotiate a fair plea before trial. Your lawyer do a thorough investigation into every aspect of the charge and work with accident reconstructionists and forensics experts in an effort to challenge the prosecution’s case.
Client charged with DUI after witness called into 911 reporting drunk driver who crashed in a residential neighborhood. Negotiated a reckless driving plea for client and also successfully stopped the license suspension by by winning the DMV hearing. (People v. Elysse F.)
Client faced felony DUI charges after getting into car accident while intoxicated. Faced up to 3 years in prison, and an additional 3 years for great bodily injury enhancement. Negotiated misdemeanor deal without any jail or community service and avoided the 1 year license suspension. (People v. Sherrie D.)
First time DUI charge dismissed against driver stopped on suspicion of driving under the influence. Negotiated dry reckless for client prior to trial. (People v. Derrick J.)
Felony charges for DUI against client for a t- bone collision in intersection. Defendant ran from the scene and charged with hit and run. Previous attorney had negotiated felony plea with credit for time served. Took over representation and negotiated misdemeanor sentence without jail time or community service when trial date was set. (People v. Dennis A.)
Client stopped for DUI after officer allegedly saw vehicle commit Vehicle Code violations. Client’s blood alcohol pattern (rising blood) provided a defense and DUI dismissed, with client admitting dry reckless charge. (People v. Michael T.)