DUIs With Injuries (Misdemeanor or Felony)
Under California law, a driver who causes injury to another because he or she was driving under the influence may be charged with what is commonly called "DUI with Injury." This may be charged even if the driver's BAC was under .08%1 or if the driver is alleged to be under the influence of any drug2 (illegal, prescription, or over-the-counter).
A DUI with injury may be charged as a misdemeanor or a felony (called a "wobbler"), but in almost all cases, it will be charged as a felony. However, depending on the circumstances of the case, an experienced DUI attorney may be able to get the felony charge reduced to a misdemeanor. In almost all cases, the driver will also be charged with separate violations of the DUI laws and could be facing multiple convictions. The potential consequences to the driver if convicted on all of the charge could be severe. Representation by an attorney who has experience defending complicated DUI cases can have a considerable impact on the outcome of the case. William Weinberg has defended DUI cases for over 20 years and knows what it takes to get the best possible results.Punishment3
Whether convicted of a misdemeanor or felony DUI with injury, a driver will face punishment that is more severe than a simple DUI. A conviction under this statute will result in jail time or imprisonment (a minimum of five days if convicted on a misdemeanor charge up to four years imprisonment— or even more under certain circumstances— on a felony conviction), a suspension or revocation of driving privileges (a minimum of a one-year suspension if convicted on a misdemeanor up to a five year revocation on a felony conviction), DUI classes, and restitution to the injured party or parties.
Not only are the potential punishments very serious but they can be in addition to or concurrent to the punishments for DUI convictions arising from the same incident. An attorney who has experience defending these more serious DUI charges knows how to carefully examine the underlying allegations (discovery) and look for any deficiency in the reports. It is always the first line of defense to discover challenges to the prosecution's case. If those challenges are not available or fail, an experienced defense attorney will in almost all cases be able to negotiate with the prosecution for some reduced charges and punishment.
Whether you are charged with a misdemeanor or felony DUI with injury, you face potential consequences that could severely impact your life and you should consult with an experienced attorney immediately. William Weinberg is an experienced in these matters and has proven results. Contact Mr. Weinberg at any time to set up a confidential consultation without charge. He will work with you and your family to provide a fee structure that best suits your circumstances.
1 Veh. Code §23152(a)
2 Veh. Code §23152(e)
3 Veh. Code §§23556; 23562