A DUI is even more serious when, it results in an injury. A felony DUI charge usually involves an accident in which the driver, suspected of driving under the influence, injures another person in the accident. The second type of felony DUI is a fourth DUI within a 10 year period. A DUI is even more serious when when the arrested party has prior DUIs.
The person injured may be in the driver’s own car, a pedestrian, or a passenger in another car. A felony DUI with injury is extremely serious. The penalty for DUI with one injury, ranges from 90 days to one year in the county jail or 16 months, 2 or 3 years in prison. For each additional injured party, one additional year in the state prison may be added. The District Attorney must prove, however, not only that the driver being charged was intoxicated, but must also prove that the driver was a cause of the injury. For instance, a driver who is intoxicated that is rear ended by another car may not be a cause of any injuries suffered in the accident.
Often, our legal approach in these matters must be two pronged. First, we must seek to prove that our client was not intoxicated beyond the legal definition of intoxication, and also prove that he was not a legal cause of the injury. For safety in sentencing however, we often suggest to our clients that they seek in-patient alcohol treatment whenever a DUI with injury is charged. This sort of treatment can be absolutely critical in terms of avoiding high bail, and in getting all possible consideration from the court should the client actually be found to be intoxicated and the legal cause of the accident. Often, investigators are deployed to look for all possible evidence that the driver is not a legal cause of the accident.
Should you or someone you know be involved in an accident involving alcohol or drugs, you should call us immediately to set up an initial consultation to discuss these cases.
At the Law offices of Lucy S. McAllister, our goal is vigorously to defend Californians who have been charged or accused of criminal offenses, including charges of DUI / DWI (drunk driving) involving injury.