is too impaired by alcohol, drugs, or a combination of alcohol and drugs to
drive with the same care and caution of a sober person, then they can be
convicted of DUI. Any DUI attorney will tell you that a typical first-offense DUI
conviction draws no jail time in Orange County. But if someone is injured, even
slightly, because of the driver’s impaired state, then the driver can be
charged and convicted of felony DUI and sentenced to state prison. It doesn’t matter
if the injured person is the driver’s passenger, friend relative or spouse, and
any injury can elevate a DUI to a felony.
For example;
Dan and Vic went out drinking to pick up chicks and watch the game. Both men
drank two schooners of beer, a modest amount for their weight. While driving
the two men home, Dan veered off the road into a ditch. Vic’s forehead struck Dan’s
dashboard and sustained a minor cut, which the paramedics remedied with a
bandage. The CHP measured Dan’s blood-alcohol level at .08% nearly an hour
after the accident. Dan was charged with felony DUI and offered a prison
sentence. Luckily, Dan’s relatively low blood-alcohol level gave Dan’s Orange
County DUI lawyer leverage enough to present a rising defense and to get the
charge reduced to misdemeanor first-offense DUI with 80 hours of community service.
Dan and Vic went out drinking to pick up chicks and watch the game. Both men
drank two schooners of beer, a modest amount for their weight. While driving
the two men home, Dan veered off the road into a ditch. Vic’s forehead struck Dan’s
dashboard and sustained a minor cut, which the paramedics remedied with a
bandage. The CHP measured Dan’s blood-alcohol level at .08% nearly an hour
after the accident. Dan was charged with felony DUI and offered a prison
sentence. Luckily, Dan’s relatively low blood-alcohol level gave Dan’s Orange
County DUI lawyer leverage enough to present a rising defense and to get the
charge reduced to misdemeanor first-offense DUI with 80 hours of community service.
Under California
Vehicle Code Section 23153 where a DUI results in injury to anyone but the
driver, the crime of DUI can be punished as either a misdemeanor or a felony, (called
a “wobbler”), punishable by up to three years in the California State Prison. Moreover,
if the injury is serious, then the defendant faces additional prison time of
three years for a “great-bodily-injury” enhancement. That’s right. If the jury
finds that the injury was “great bodily injury”, then the defendant must do
three ADDITIONAL years in prison, on top of the underlying felony sentence. Also,
a conviction of DUI with great bodily injury is a “strike” offense.
Vehicle Code Section 23153 where a DUI results in injury to anyone but the
driver, the crime of DUI can be punished as either a misdemeanor or a felony, (called
a “wobbler”), punishable by up to three years in the California State Prison. Moreover,
if the injury is serious, then the defendant faces additional prison time of
three years for a “great-bodily-injury” enhancement. That’s right. If the jury
finds that the injury was “great bodily injury”, then the defendant must do
three ADDITIONAL years in prison, on top of the underlying felony sentence. Also,
a conviction of DUI with great bodily injury is a “strike” offense.
But this
statute only applies if the driver causes the accident in the first place. If
the other driver is at fault then this statute doesn’t apply and the defendant
can only be charged with misdemeanor DUI. The DA must prove that the driver
acted negligently or broke some traffic law that caused the accident.
statute only applies if the driver causes the accident in the first place. If
the other driver is at fault then this statute doesn’t apply and the defendant
can only be charged with misdemeanor DUI. The DA must prove that the driver
acted negligently or broke some traffic law that caused the accident.
For more
information call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and
confidential consultation with an experienced Orange County DUI attorney. You
can also reach us on our contact page. We have offices at 32072 Camino
Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627.
information call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and
confidential consultation with an experienced Orange County DUI attorney. You
can also reach us on our contact page. We have offices at 32072 Camino
Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and at 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627.
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