DUI with Injury Charges in California: What You Need to Know
DUI with Injury Charges in California: What You Need to Know
A DUI charge in California is serious on its own, but when another person is injured, the consequences become far more severe. These cases often lead to harsher penalties, longer license suspensions, and even felony convictions that can have lasting effects on your life.
At the Law Offices of David A. Simon, we represent individuals in San Diego who are facing DUI with injury charges and need reliable legal guidance to navigate one of the most challenging moments in their lives.
Understanding DUI with Injury Under California Law
In California, a DUI with injury charge typically falls under Vehicle Code 23153, which applies when a person drives under the influence of alcohol or drugs and causes physical harm to someone else.
Unlike a standard DUI, which is often treated as a misdemeanor, a DUI with injury can be charged as either a misdemeanor or a felony depending on the circumstances. Prosecutors often make this determination based on the extent of the injuries, the driver’s history, and any aggravating factors such as high blood alcohol levels or prior offenses.
If convicted, a DUI with injury can lead to serious penalties that impact not only your freedom but also your career, finances, and reputation. That’s why it’s critical to take immediate action and contact a San Diego DUI attorney as soon as possible after an arrest.
Misdemeanor vs. Felony DUI with Injury
The main difference between a misdemeanor and felony DUI with injury lies in the severity of the injuries and the driver’s record.
Misdemeanor DUI with Injury
- Typically involves minor or moderate injuries
- May lead to up to one year in county jail
- Fines ranging from $390 to $5,000
- License suspension for one to three years
- Mandatory DUI education program and probation
Felony DUI with Injury
- Involves serious or multiple injuries
- Can result in up to four years in state prison, or more with aggravating factors
- Fines up to $5,000 plus restitution to victims
- Possible “strike” under California’s Three Strikes Law if injuries are severe
- License suspension or revocation for several years
The consequences can be life-changing, which is why working with the Law Offices of David A. Simon early in the process can make a major difference in your outcome. Attorney David Simon carefully reviews each detail of your case to identify opportunities for reduced charges, lighter penalties, or even dismissal.
How Prosecutors Approach DUI with Injury Cases
Prosecutors in California treat DUI with injury cases aggressively. They often work to prove two key points:
- The driver was under the influence of alcohol, drugs, or both.
- The driver’s actions directly caused injury to another person.
However, proving these points isn’t always straightforward. Breath or blood test results can be inaccurate. Police reports may contain errors. In some cases, the injuries may not have been directly caused by the driver’s impairment.
The Law Offices of David A. Simon works to challenge these assumptions and hold the prosecution to its burden of proof. Our approach focuses on uncovering weaknesses in the state’s evidence and protecting your rights at every stage of the process.
Possible Defenses Against DUI with Injury Charges
Every DUI injury case is different, but several defenses can be effective depending on the facts:
- The driver’s BAC test results were inaccurate or mishandled
- The injuries were caused by something other than impairment, such as road conditions or another driver’s actions
- Police procedures were not followed correctly during the arrest
- Field sobriety tests were improperly administered or interpreted
- Medical conditions or fatigue may have mimicked signs of impairment
Attorney David Simon evaluates each piece of evidence to build a strong defense that fits your specific situation. The goal is always to minimize the impact of the charges and protect your future.
Restitution and Financial Consequences
In addition to criminal penalties, individuals convicted of DUI with injury may be ordered to pay restitution to the injured parties. This can include compensation for medical expenses, lost wages, or property damage.
These financial burdens can add up quickly, which is why it’s vital to have legal representation that understands both the courtroom process and the potential long-term effects of a conviction. The Law Offices of David A. Simon guides clients through these challenges, ensuring every possible defense and mitigation strategy is explored.
The Importance of Early Legal Representation
Timing plays a major role in the outcome of DUI with injury cases. Acting quickly after your arrest allows your attorney to preserve evidence, challenge test results, and prepare for both your criminal case and any DMV proceedings that could affect your driver’s license.
The Law Offices of David A. Simon provides direct communication and personalized strategies to every client. From the moment you call, the firm begins investigating the details of your arrest and identifying ways to protect your record and your rights.
Take the Next Step: Call the Law Offices of David A. Simon
A DUI with injury charge in San Diego is not something you should face alone. The penalties are severe, but there are opportunities to defend yourself and seek a fair outcome.
The Law Offices of David A. Simon represents individuals throughout San Diego who are charged with DUI-related offenses, including cases involving injuries. The firm takes the time to understand each client’s situation and develop a focused approach designed to achieve the best possible result.
If you or a loved one has been charged with DUI with injury, don’t wait to act.
Call the Law Offices of David A. Simon today at
619-393-3355 or visit
www.davidsimonattorney.com to schedule a confidential consultation.
