A driver that injures someone because he or she is driving under the influence of alcohol faces very serious consequences including a potential felony conviction and mandatory incarceration under California DUI law. A driver who is under the influence of alcohol and causes injury to another because the driver was under the influence will likely be charged with "DUI causing injury." (Vehicle Code Section 23153). A charge of DUI where someone is injured is a "wobbler," which means it can be charged either as a misdemeanor or a felony.

At Ahmed and Sukaram, Attorneys at Law, we will pursue an acquittal or dismissal of the charges in your case. Alternatively we will seek to have the felony DUI with injury reduced to a misdemeanor DUI. Factors that affect whether the offense will be prosecuted as a felony or misdemeanor include (1) the defendant's driving at or near the time of the accident; (2) the nature of the victim's injury; and (3) the driver's criminal history (particularly DUI history).

A prosecutor seeking a conviction for DUI causing injury must establish the following facts ("elements of the crime"): (1) the driver was under the influence of alcohol and/or drugs; (2) the driver committed another unlawful act or drove negligently and (3) that the driver's unlawful act or negligence caused injury to another person. A prosecutor will try to satisfy the "under the influence" element by establishing the driver's mental and physical abilities were impaired ("generic DUI") or that the driver's blood alcohol concentration (BAC) is 0.8% or greater ("DUI per se").

A felony conviction will result in a sentence ranging from 90 days in jail and a $390 fine to 3 years in state prison and a $1000 fine. Probation is not an option if the accused is convicted of felony DUI causing injury. Probation can be granted in a misdemeanor case with a sentence ranging from 5 days in jail and $390 fine to 1 year in jail and a $1000 fine.

Anytime someone is involved in a DUI where a person is injured the consequences of a felony conviction and state prison can seem grave enough. However, your greatest legal hurdle likely is not over until the issue of victim restitution is addressed. At Ahmed & Sukaram, Attorneys at Law, we vigorously represent our client's from the start of their cases through its conclusion, which at times means through a restitution hearing.

Medical bills are expensive. However, at a restitution hearing, the district attorney, the victim and the victim's independent attorney may seek more compensation from the defendant for alleged injuries to the victim than are actually the proximate result of the defendant's DUI accident. At Ahmed & Sukaram, Attorneys at Law we will account for every dollar that the court seeks to extract from you and we will do our best to ensure that you are not forced to pay a dollar more than you are required to under the law.

Contact us today so that we can begin preparing your felony or misdemeanor DUI with injury defense.