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DUI With Injury

Charged With DUI With Injury? I Can Help.

A DUI is a charge most people actively avoid. However, sometimes even the most well-intended people make mistakes. Although you may not feel intoxicated, it is possible that you may be impaired, and that your blood alcohol level may be above the legal limit. After an accident, law enforcement will assess all individuals involved for signs of impairment. If an individual’s blood alcohol content level (BAC) is above the legal limit, a DUI charge will be issued. If there is an injury involved, the DUI charge will be more severe, and can even result in a felony.

What Happens after a DUI With Injury?

If you’re involved in a DUI accident that causes a minor injury, your charge will most likely be a misdemeanor. Penalties for DUI misdemeanors in the State of California include:

  • Driver’s license suspension of up to three years
  • Imprisonment of up to five years
  • Monetary fines up to five thousand dollars, as well as further fees associated with restitution to any injured parties
  • Informal probation for between 3 and 5 years
  • Enrollment in a California DUI education program for a maximum of two and a half years

If your DUI accident causes a more egregious injury, or even death, your DUI charge will most likely be a felony. Penalties for DUI felonies in the state of California include:

  • Imprisonment of up to ten years, with additional years added to the sentence if more than one person was injured
  • Monetary fines up to five thousand
  • Enrollment in a California DUI education program for a maximum of two and a half years
  • License revocation
  • Charges of Vehicular Manslaughter if a death occurs, and up to life imprisonment with prior DUI convictions

If you have been involved in a DUI accident with an injury, it is imperative that you seek experienced legal representation. At the Law Office of Christopher J. McCann, we use our 15+ years of experience with complex DUI cases to ensure that you get the best possible results.

What Happens During a DUI with Injury Trial?

During a DUI with injury trial, the prosecution will attempt to secure their conviction by proving beyond a reasonable doubt that the following occurred:

  • The defendant was intoxicated by drugs, and/or that their blood alcohol level was above the legal limit
  • The defendant was negligent by driving under the influence of alcohol or drugs
  • The defendant’s negligence directly caused bodily injury to another party

In order to provide a defense against these claims, the defense must argue that the prosecution has failed to meet its burden or, in other words, that reasonable doubt exists as to any of the elements of the offence. Having an experienced defense attorney is invaluable during the trial process to challenge the submission and weight of evidence submitted by the prosecution. At the Law Office of Christopher J. McCann, we will work closely with you to challenge the prosecution’s evidence and, whenever possible, try to convince the prosecution to dismiss the charges against you.

Contact Us Today for a Free Consultation

Facing any DUI charge is emotionally taxing, let alone one that involves serious injuries. The sooner you have an experienced defense attorney on your side, the better. At the Law Office of Christopher J. McCann, we are dedicated to protecting you and your rights following a DUI charge. We will use our 15+ years of experience working closely with our clients to ensure that your future is secure. If you have been arrested or charged with a felony DUI, contact our office at 888-360-4256 or use our contact form to schedule a free consultation today.

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