What Happens When Someone Is Injured In A DUI Accident
A driver who injures someone while 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 will likely be charged with “DUI causing injury.” This could result in a felony conviction on your criminal record.
At Ahmed & 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. Contact our California law firm for a free initial consultation with our San Mateo County felony DUI defense attorneys.
DUI With Injury Attorneys in Redwood City
A prosecutor seeking a conviction for DUI causing injury must prove:
- The driver was under the influence of alcohol and/or drugs
- The driver committed another unlawful act or drove negligently
- 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 that the driver’s mental and physical abilities were impaired or that the driver’s blood alcohol concentration (BAC) was .8 percent or greater (“DUI per se”).
Factors that affect whether the offense will be prosecuted as a felony or misdemeanor include:
- The defendant’s driving at or near the time of the accident
- The nature of the victim’s injury
- The driver’s criminal history (particularly DUI history)
A felony conviction will result in a sentence ranging from 90 days in jail and a $390 fine to three years in state prison and a $1,000 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 five days in jail and $390 fine to one year in jail and a $1,000 fine.
Fighting to Protect Your Rights During Your Felony Charge in California
Any time 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 clients from the start of their case through its conclusion, which at times means through a restitution hearing.
Contact a San Jose, California, Felony DUI Defense Attorney
At Ahmed & Sukaram, Attorneys at Law, our DUI with injury lawyers in Redwood City 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 our criminal defense law firm today so that we can begin preparing your felony or misdemeanor DUI with injury defense. If you communicate best in Spanish or another language, simply let us know. Se habla español.