San Diego Felony DUI Defense Attorney
Hire A Seasoned San Diego DUI Lawyer
California Vehicle Code §23153(a) discusses DUI causing injury charges
and how you may be convicted in connection with this crime. If you have
been involved in a
DUI arrest where someone was injured, an early and aggressive defense can
be to your benefit.
Contact Attorney Mark R. De Yoe to discuss your case today.
The Difference with Regards to Penalties
A DUI with injury is a "wobbler" under California law, which
means that you could be charged with a misdemeanor or felony offense,
depending on the circumstances surrounding your charge and your criminal
history (especially your DUI history).
The difference between a misdemeanor and felony DUI is significant in the
state of California:
- For a misdemeanor DUI, you could spend five days to one year in a county
jail and be put on informal probation for three to five years.
- For a felony DUI conviction, you could spend two to four years in state
prison (or longer if more than one individual was injured).
While your license could be suspended for one to three years under a misdemeanor
DUI with injury, it could be suspended for five years if a felony offense
was committed. Also, while a minimum fine for a misdemeanor DUI with injury
is $390, a minimum fine for a felony DUI with injury is $1,015.
How can I be convicted of DUI with injury in San Diego?
For the jury to find someone guilty of DUI with injury, it must establish
that the defendant was driving a vehicle under the influence of a
drug or alcoholic beverage and that the defendant failed to provide a legal
duty of care, causing injury to another person.
Questions that the jury might ask and examine include:
- Was the person under the influence of alcohol or a drug?
- Was the defendant definitely driving?
- Did the defendant cause the victim's injuries?
- Were the victim's injuries significant?
In order to be convicted of DUI with injury, the jury must establish that
"the defendant failed to perform the following legal duty/duties
while driving the vehicle/operating the vessel: the duty to exercise ordinary
care at all times and to maintain proper control of the vehicle/vessel."
Ordinary care means that an individual "…used reasonable care
to prevent reasonably foreseeable harm to someone else. A person fails
to exercise ordinary care if he or she does something that a reasonably
careful person would not do in the same situation/or fails to do something
that a reasonably careful person would do in the same situation."
An individual's injuries must be shown to be the "direct, natural,
and probably consequence of the act and that injury would not have happened
without the act."
In layman’s terms, this means the prosecution must prove that you
did not exercise the care that is expected from a licensed California
driver and the resulting injury is a direct cause of your actions.
Fight Back With an Experienced DUI Defense Lawyer
Regardless of whether you face a misdemeanor DUI with injury or a felony
DUI with injury charge, both of these are serious offenses that could
reap adverse effects in your life for years to come. It is in your best
interests to secure the hard-hitting legal representation of Mark R. De
Our seasoned attorney has been serving clients in San Diego for more than
30 years and has secured numerous positive
case results during this time. For tried and true defense,
schedule a free case consultation with an attorney that promises personalized attention to your case and
custom defense strategies to secure the best outcome for your case.