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What Happens If My DUI Also Caused an Injury?

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An Injury As A Result Of Your DUI

If you are recently pulled over and charged with DUI in California, you have many different things to worry about and chief among them should be finding an experienced and knowledgeable Cucamonga criminal defense attorney who can help you with the legal aspects of your case. Criminal charges could apply for drinking and driving, but the police will also take the case much more seriously when anyone has been injured because of the DUI accident.

Penalties for DUI Accidents

Being accused of DUI carries potential criminal penalties on its own, but you could also be facing civil litigation if you had a DUI that caused an injury to another person. California vehicle code section 23153(a), elevates what would otherwise be a simple misdemeanor DUI into a felony DUI if an injury occurs to another person because of one driver’s use of alcohol or drugs. If there are any injuries at all, DUI prosecutors in California tend to file all DUIs at the felony level regardless of how much the victim was truly injured.

California Vehicle Code 23153(b) says that driving with a blood alcohol content of 0.08 or higher and violating the law by causing injury to another person is a felony offense that could lead to potential prison time.

Civil Consequences Possible in any DUI Injury Case in California

The accused party could also have to pay restitution to the victim, significant court costs, increased insurance premiums, experience loss of professional licenses or a job, and face other severe consequences. Just because you might have been driving under the influence in which someone else was injured does not necessarily mean that you are guilty of that offense and will automatically be convicted of a felony.

The prosecution bears the burden of proof to show that you were driving under the influence of alcohol with a BAC of 0.08 or higher and that you violated a traffic law or acted with civil negligence and this caused the severe injuries named in the suit. If you are ready to move forward with your criminal defense, schedule a consultation with an attorney today.