DUI Los Angeles
FELONY DUI
CAUSING INJURY TO ANOTHER PERSON
DUI with injury may be charged by the district attorney as a misdemeanor or a felony under California Vehicle Code section 23153. These types of offense are known as "wobblers." The decision is based on the several factors, including the seriousness of the injury, the blood alcohol level, and the county where the offense occurred.
It is recommended to consult with experienced drunk driving lawyers at our
criminal defense law firm about your DUI with injury case. The police officer may have arrested you for a felony DUI. The district attorney has the discretion or the legal ability to charge your DUI with injury case as a felony DUI or misdemeanor. DUI attorneys also know the sentencing judge or commissioner may also reduce your case to a misdemeanor if the District Attorney has filed felony DUI charges.
Orange County DUI
The DUI laws on injury: It is not necessary that any medical treatment be given. Minor injuries such as abrasions, lacerations, and back and neck pain are enough. There is a difference, however, between injury and great bodily injury.
Great bodily injury or GBI is a significant or substantial physical injury. If you have been arrested for DUI with injury, once the District Attorney reviews the police report the District Attorney may also file a GBI sentence enhancement for personally inflicting great bodily injury in addition to the actual violation of DUI law. This substantially increases the punishment you face in court. It also changes the felony from a regular felony to a violent felony. If convicted of a
violent felony you must serve 85% of your sentence instead of 50%.
DUI LAWS
It is a felony, in addition to driving under the influence of alcohol or drugs, or both, to drive a vehicle and
- Concurrently do any any act forbidden by law or neglect any duty imposed by law in driving a vehicle that proximately causes bodily injury to any person other than the driver.
- While having 0.08 percent or more, by weight, of alcohol in one's blood to concurrently do any act forbidden by law or neglect any duty imposed by law in driving a vehicle that proximately causes bodily injury to any person other than the driver.
- While having 0.04 percent or more, by weight, of alcohol in one's blood to concurrently do any act forbidden by law or neglect any duty imposed by law in driving a commercial vehicle that proximately causes bodily injury to any person other than the driver.
The punishment for a first offense DUI with injury:
If the judge or commissioner grants probation:
Probation will be from 3 to 5 years.
$390 - $1000 fine, plus penalty assessments;
5 days to 1 year in County Jail, add 48 hours in County Jail for a refusal;
California DMV suspends license for 1 year;
Alcohol program for 3, 6 or 9 months;
Up to 3 years of Ignition Interlock Device and possible car impound;
Restitution.
If the judge or commissioner denies probation:
$390 - $1000 fine, plus penalty assessments;
DMV suspends license for 1 year;
Restitution;
Two options: (a) 90 days to 1 year in County Jail or (b) 16 months, 2 or 3 years in State Prison; 3-5 years in State Prison for GBI enhancement; If felony, 1 year State Prison for each additional victim (max 3 years).
It is critical to consult with experienced DUI defense attorneys Gold, Leftwich & Wagner about your DUI in Los Angeles, Orange County, San Diego, Riverside, San Bernardino or Ventura County.