A DUI with injury charge in California carries severe consequences, often escalating a misdemeanor DUI to a felony offense. If you were involved in a DUI accident that resulted in injuries, you could be facing lengthy imprisonment, heavy fines, and a permanent criminal record.
At The Law Offices of Kirk Tarman & Associates, we provide aggressive legal defense to protect your rights and fight for the best possible outcome in your case. Our skilled Rancho Cucamonga DUI with injury attorneys have successfully defended clients throughout Southern California.
Understanding DUI with Injury Charges in California
What is a DUI with Injury?
Under California Vehicle Code Section 23153(a), a standard DUI charge is elevated to a felony when the intoxicated driver causes an accident that results in injuries.
The prosecution must prove:
You were under the influence of alcohol or drugs.
Your intoxication caused or contributed to the accident.
The victim suffered a significant injury due to the crash.
Penalties for DUI with Injury in California
The penalties for a DUI with injury depend on the number of victims and the severity of their injuries. Some key penalties include:
Up to 3 years in state prison for a felony DUI with injury.
An additional year of imprisonment per injured person.
A 3-year sentence enhancement for causing a great bodily injury (GBI).
Up to 8 years in prison if the victim is rendered comatose.
License suspension for 1-5 years.
Mandatory DUI education programs.
Substantial fines and restitution to victims.
Vehicular Manslaughter & DUI with Death
If a fatality occurs, charges may be elevated to vehicular manslaughter or even second-degree murder (Watson Murder Rule), leading to potential life imprisonment.
How a DUI Attorney Can Help Your Case
A DUI with injury case requires a strong legal strategy to challenge the prosecution’s evidence. Our Rancho Cucamonga DUI attorneys will:
Examine police reports for errors or inconsistencies.
Challenge blood and breath test results for accuracy.
Analyze medical records to determine if the injury is exaggerated.
Negotiate with prosecutors for reduced charges or alternative sentencing.
Fight for case dismissal if procedural violations occurred.
DUI with Injury Enhancements
Multiple Victims: An additional one-year sentence per injured person.
Great Bodily Injury (GBI): Adds three years per victim for significant injuries.
Coma or Permanent Injury: Up to five additional years in prison.
Prior DUI Convictions: Stricter penalties, including habitual offender status.
Potential Defenses for DUI with Injury
The accident was not caused by intoxication.
Unreliable BAC test results due to improper handling.
The victim’s injuries were not significant enough to warrant felony charges.
Violation of your constitutional rights during arrest.
Frequently Asked Questions (FAQ)
1. Can a DUI with injury charge be reduced?
Yes, depending on the circumstances, an experienced attorney can negotiate for a reduction to a misdemeanor or lesser penalties through plea bargaining.
2. What happens if it’s my first DUI with injury charge?
A first-time DUI with injury charge can still be prosecuted as a felony, but mitigating factors may allow for reduced sentencing.
3. Will I lose my driver’s license?
Yes, a DUI with injury conviction often results in a license suspension of at least one year and up to five years depending on the severity.
4. How does a great bodily injury (GBI) enhancement affect my case?
A GBI enhancement adds an additional three years per victim to a prison sentence if the injuries are deemed severe.
5. How soon should I contact a lawyer after being charged with DUI with injury?
Immediately. The sooner you contact a DUI attorney, the better your chances of protecting your rights and building a strong defense.
Why Choose The Law Offices of Kirk Tarman & Associates?
Award-Winning Criminal Defense Firm
Decades of Experience in DUI Defense
24/7 Legal Support & Free Consultations
Top-Rated DUI Lawyers in Southern California
Serving Clients Across Southern California, including Riverside,San Bernardino, Los Angeles, and Orange Counties
Contact a Rancho Cucamonga DUI with Injury Attorney Today
If you or a loved one has been charged with a DUI with injury, don’t wait to seek legal help. The penalties are severe, but with the right defense, you may be able to reduce or dismiss the charges against you.
Call (909) 658-7341 now to schedule a free consultation, or fill out our online form to get in touch with our legal team.