Several crimes in California involve driving under the influence (DUI). The crime a defendant is charged with depends on the circumstances of the incident. For instance, if this is a defendant's second DUI charge, they could be charged with a felony instead of a misdemeanor. Moreover, if their blood alcohol content was above 0.08% during the traffic stop, they could be charged with a DUI even if they were sober while driving.

With so many different laws, it is important to hire a skilled criminal defense attorney to help you mitigate any negative consequences you might experience after being accused of driving under the influence. Contact Sigal Law Group today for a free consultation.

What Happens When a DUI Causes an Injury?

According to California Vehicle Code 23153, a person is guilty of a DUI that causes an injury if:

·        They were driving a motor vehicle

·        While under the influence of drugs or alcohol or

·        Had a blood alcohol content of 0.08% or higher, AND

·        While driving under the influence, they committed an illegal act, neglected to perform a legal duty, or their act or negligence caused an injury to another person.  

Typically, first-time offenders or defendants who have a prior DUI conviction from within the last 10 years will be charged with a misdemeanor crime. Misdemeanor DUI charges carry up to one year in county jail, fines of up to $5,000, a 3-year suspension of their driver's license, and victim restitution.

However, if the defendant has three other misdemeanor DUIs on their record, a previous felony DUI on their record, or did hurt or kill another person during this DUI accident, they can be charged with a felony DUI. Felony DUIs under Vehicle Code 23153 carry up to 4 years in California state prison (an extra year per victim and another 3-6 years per victim who sustained great bodily injury), fines of up to $5,000, Habitual Traffic Offender status, a strike under California's three strikes law, and a 5-year revocation of their driver's license.

Defend Against DUI with Injury Charges

If you or someone you know has been charged with a DUI that caused an injury or death, you need a strong defense. The experienced criminal defense attorneys at Sigal Law Group will review your case and determine the best defense to pursue. Contact Sigal Law Group today for a free consultation.