San Diego Felony DUI Defense Attorney

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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.

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.