DUI with Injury in California
Orange County DUI Attorney
According to the California Vehicle Code §23153 VC, a person who is arrested for a DUI with injury can be charged with either a misdemeanor of a felony, as the state of California sees this crime as a "wobbler" offense. What determine the overall outcome of the case are the circumstances leading up to your arrest, previous criminal history and the amount of injuries that may have been inflicted upon the other driver, passengers or pedestrian that was hit.
If you were arrested and charged with a DUI with injury, you need to contact an Orange County DUI lawyer from Law Office of Frances Prizzia right away and retain trusted legal representation. At our firm, we are fully prepared to help you receive the best possible outcome for your case and ensure that your rights are actively protected and your freedoms aggressively defended.
Looking for an Attorney for a DUI with Injury Case in Orange County?
In order for a prosecuting attorney to convict you of a DUI with injury, they will have to prove:
- You were operating a vehicle while intoxicated and that the unlawful act of intoxication by alcohol or controlled substance led to a negligent act that results in serious bodily injury or death of another person.
- You were under the influence of a controlled or illegal substance or you were intoxicated while you were driving your vehicle.
- While you were operating the vehicle you – in addition to drinking and driving – broke the law or acted in a highly negligent manner.
The prosecution must also prove that your blood alcohol content was at least a .08% or higher, unless you were a commercial driver. Commercial drivers may be charged with a DUI with injury if they were operating a vehicle with .04% blood alcohol content. If you are convicted of driving under the influence and were involved in a crash that caused serious bodily harm or killed another person you may be facing severe penalties.
Penalties for DUI with Injury
Because this charge is considered a wobbler offense, there are a few different penalties that you could be facing. If you are charged with a felony DUI with injury, you may be facing up to four years in prison (higher if the accident you were involved with resulted in the death of a person) and if a victim suffered what is considered to be great bodily injury, you may get up to six years in prison additionally. If you are convicted, you will also receive a strike on your record and be forced to attend a court-mandated traffic school and your license will be revoked for at least five years.
Those that are convicted of a misdemeanor DUI with injury can expect to serve at least five days and up to one year in a county jail and pay up to five thousand dollars in fine. Your license will be suspended for at least one year and you may be forced to pay restitution to all victims for their injuries. Although you were charged with a misdemeanor, you could potentially have your charges elevated to a felony offense if the prosecuting attorney can divulge enough evidence against you; which is why it is so important that you work with an attorney from Law Office of Frances Prizzia.
Need an Attorney for a DUI with Injury Charge in Irvine?
Are you ready to work with the Law Office of Frances Prizzia? The retention of our firm can be the difference between a life as a free individual or time behind bars. It is vitally important that you contact our Orange County DUI defense firm today and speak with a dedicated lawyer. We understand the situation that you are facing and committed to helping you achieve the best possible outcome for your case. If you have questions or concerns, contact the Law Office of Frances Prizzia and schedule a case evaluation now!