DUI with Injury Defense Attorneys in Los Angeles
You Could Be Facing Serious Jail Time
If you get arrested for a DUI and someone is injured in an accident, you could be facing serious jail time. There are enhancements that can add years to a DUI with injury charges. And if it’s prosecuted as a third strike under California’s Three Strikes law, you could be sentenced to 25 years to life in prison.
A skilled DUI attorney can get your charges reduced or dropped altogether, so it’s essential to have the right lawyer by your side. At Werksman Jackson & Quinn LLP, our nationally recognized legal team will investigate your accident and provide a powerful defense. Call (213) 688-0460 to learn more today.
What Is a DUI with Injury?
In California, a driver can be found guilty of driving under the influence of alcohol when their blood alcohol content (BAC) is .08 or higher. The limit is even lower in some cases. For example, for juveniles under 21, the limit is .05. And the legal limit is .04 for drivers of commercial vehicles such as trucks and delivery vans and drivers of passenger for hire vehicles, such as an Uber or a cab.
You can also be prosecuted for a DUI if you are driving under the influence of drugs or any combination of drugs and alcohol that prevents you from driving as a sober person would. But there are no set legal limits for intoxication as there is for alcohol, and this makes a DUI for drugs open to dispute in court.
If someone is injured in an accident and prosecutors believe you were under the influence drugs or alcohol, you may be charged with a DUI with injury. The injured person may be another driver, a passenger, a motorcycle rider, a cyclist, or a pedestrian.
It May Be Prosecuted as a Felony or a Misdemeanor
Depending on your record and other considerations, a DUI with injury may be prosecuted as a misdemeanor. Penalties for misdemeanor DUI with injury include:
- Between 5 days and one year jail
- Up to $2000 in fines
- 1 to 3 years driver’s license suspension
- Mandatory DUI school
- 3 to 5 years’ probation
- Restitution for victims
Prosecutors have the discretion to prosecute DUI with injury as a felony. Cases where a DUI is prosecuted as a felony include a fourth offense in a ten-year period, drivers with a previous DUI felony conviction, and hit-and run accidents.
There are several factors that allow prosecutors to increase your sentence, including your driving record, the number of people injured, the severity of the injuries, and the age of your passengers. If there are passengers in the car younger than 18, child endangerment charges may apply, and the penalties are especially stringent when passengers are under 14.
Penalties for felony DUI with injury may include:
- Up to 3 years in prison
- One extra year in prison for each injured person
- 3-6 years extra years in prison for each severely injury person
- Up to six extra years in prison for child endangerment
- Up to $5000 in fines and other costs
- License revoked for 5 years
- Mandatory DUI school
- Habitual Traffic Offender (HTO) status for 3 years
- Restitution for victims
What Are Legal Defenses for DUI with Injury Charges?
To convict a person of DUI with injury, prosecutors must prove the following:
- You were legally under the influence;
- You broke the law or did something careless that caused the accident;
- The accident caused another person’s injury.
It is often difficult to convict a person for DUI with injury. Your criminal defense lawyer can use a number of strategies to defend you, such as arguing the following:
- The evidence against you is tainted
- The evidence against you was improperly gathered
- Lab results are not trustworthy
- The police violated your rights
- No injuries resulted from the accident
- You weren’t at fault for the accident
- You weren’t under influence
- You weren’t driving the vehicle at the time of the accident
Were You Charged with a DUI?
If you are under investigation for any type of criminal charges, it’s time to talk to a lawyer. At Werksman Jackson & Quinn LLP, our talented legal team provides world class legal representation.
Call (213) 688-0460 today and schedule a free case evaluation. At Werksman Jackson & Quinn LLP, we’re on your side.
Contact Werksman Jackson & Quinn LLP Today
Phone: (213) 688-0460
Fax: (213) 624-1942
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.