{"id":359,"date":"2018-04-29T15:08:28","date_gmt":"2018-04-29T22:08:28","guid":{"rendered":"http:\/\/irvine-dui-lawyer.com\/?page_id=359"},"modified":"2020-01-08T22:16:00","modified_gmt":"2020-01-08T22:16:00","slug":"dui-with-injury","status":"publish","type":"page","link":"https:\/\/fullerton-dui-lawyer.com\/?page_id=359","title":{"rendered":"DUI With Injury"},"content":{"rendered":"

DUI With Injury<\/strong><\/h1>\n
A legally impaired driver who causes an accident where someone else is injured, even slightly, can be charged with \u201cDUI with injury\u201d. This is true even if the injured person was the driver\u2019s passenger and doesn\u2019t want to press charges. Injury DUI is an extremely serious offense because it can be charged as a felony and can result in a prison sentence. Anyone facing this charge\u00a0must<\/em>\u00a0consult with an experienced Fullerton DUI lawyer.<\/div>\n
<\/div>\n
<\/div>\n

DUI With Injury Defenses<\/strong><\/h2>\n
\"duiAll DUI defenses are available for this charge plus one additional defense\u2013that the accident was not your\u00a0fault.\u00a0California Vehicle Code Sections 23153<\/a>\u00a0is the DUI with injury\u00a0statute. But any Fullerton DUI lawyer will tell you it only applies if you cause the accident. Just being in an accident when you are intoxicated isn\u2019t enough to convict you of the offense. If you were driving while intoxicated and another driver causes an accident, then you could only be convicted of a simple DUI or Drug DUI<\/a>. In order to convict you of felony DUI with injury, the prosecutor must prove that you either violated some traffic law or were negligent in some way. They must also prove that the traffic violation or negligence\u00a0caused<\/em>\u00a0the accident.<\/div>\n
<\/div>\n
<\/div>\n
\n

Penalties For DUI With Injury<\/strong><\/h2>\n
<\/div>\n
DUI with injury is what we Fullerton DUI lawyers call a \u201cwobbler\u201d, which means the prosecutor can charge it as a felony or a misdemeanor. If charged as a misdemeanor, it carries a maximum of one year in the\u00a0Orange County jail<\/a>. If charged as a felony, it is punishable by either 16 months, two or three years in the state prison. Even a slight injury is enough to trigger this statute.<\/div>\n
<\/div>\n
\n
If the injury is serious, things get much worse. If anyone is seriously injured then you can also be charged with causing \u201cgreat bodily injury<\/a>\u201d, which is a sentence enhancement. If this \"duienhancement is found true by a jury, then you face an additional mandatory three years in the state prison on top of the sentence for injury DUI. Moreover, if there is great bodily injury, then the offense of injury DUI becomes a \u201cstrike\u201d offense under California\u2019s three-strikes law. The seriousness of this charge makes it imperative to speak with a seasoned Fullerton DUI lawyer today.<\/div>\n
<\/div>\n
<\/div>\n

Injury DUI Law<\/strong><\/h2>\n
California\u00a0Vehicle Code Sections 23153(a)<\/a>\u00a0states; \u201cIt is unlawful for any person, while under the influence of any\u00a0\"injuryalcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.\u201d<\/div>\n
<\/div>\n
Section 23153(b) states; It is unlawful for any person, while having 0.08% or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.\u201d<\/div>\n
<\/div>\n<\/div>\n
<\/div>\n
\n
\n

Free Telephonic Consultation With A Fullerton DUI Lawyer<\/strong><\/h2>\n
If you are facing a DUI with injury, you need the best legal representation possible. Your Fullerton DUI lawyer must be experienced in handling felony charges. We offer a free telephonic case review and consultation. Call\u00a0(949) 278-6353<\/strong>\u00a0today to speak to Mr. Stopyro about the charges you face as well as what defenses may be possible for you.<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

DUI With Injury A legally impaired driver who causes an accident where someone else is injured, even slightly, can be…<\/p>\n","protected":false},"author":1,"featured_media":462,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-359","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=\/wp\/v2\/pages\/359","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=359"}],"version-history":[{"count":3,"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=\/wp\/v2\/pages\/359\/revisions"}],"predecessor-version":[{"id":515,"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=\/wp\/v2\/pages\/359\/revisions\/515"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=\/wp\/v2\/media\/462"}],"wp:attachment":[{"href":"https:\/\/fullerton-dui-lawyer.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=359"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}