Criminal defense

Asked over 1 year ago - Sacramento, CA

I had a car accident last Saturday and 2 of my friends were hospitalized and got minor injures, I could be charged with DUI I had couple drinks before the accident, I'm also don't have a valid California driver license

Attorney answers (11)

  1. Malosack Berjis

    Contributor Level 20

    24

    Lawyers agree

    Answered . You have already asked this question and received some excellent responses. Please see your other post for said responses.

    I am licensed to practice law in the State of California, and thus, my answers are based on California law. The... more
  2. Joseph Salvatore Farina

    Contributor Level 17

    23

    Lawyers agree

    Answered . You definitely need a criminal defense attorney. You could be charged with a misdemeanor or felony DUI, depending on how serious your friend's injuries. Most importantly, don't discuss the facts of your case on this site, as this is a public forum. I offer free consultations and would be glad to discuss your case with you.

  3. Scott J. Corwin

    Pro

    Contributor Level 18

    22

    Lawyers agree

    1

    Answered . I agree with the responding counsel. You may want to contact a local DUI attorney to review your case with you and represent you in court. Best of luck.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    24

    Lawyers agree

    Answered . Retain a DUI lawyer to defend, and let your insurance company resolve.

  5. Michael Shemtoub

    Contributor Level 17

    22

    Lawyers agree

    Answered . You need to get a copy of the police report and any other documentation, such as medical records, and have them reviewed by an attorney. I have personally dealt with other California claims such as yours and it is important for you to gather as much documentation as possible. Having extensive documentation will help to present your case in a more favorable light for you

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  6. Michael Shemtoub

    Contributor Level 17

    22

    Lawyers agree

    Answered . You need to get a copy of the police report and any other documentation, such as medical records, and have them reviewed by an attorney. I have personally dealt with other California claims such as yours and it is important for you to gather as much documentation as possible. Having extensive documentation will help to present your case in a more favorable light for you

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can... more
  7. David B Pittman

    Pro

    Contributor Level 20

    23

    Lawyers agree

    Answered . Do not make any statements to anyone including your insurance company until you speak with a DUI attorney for representation.

  8. Kevin Coluccio

    Contributor Level 20

    23

    Lawyers agree

    Answered . Get a criminal defense/DUI attorney right away. Do not give any statements. Go to the "find a lawyer" tab and look for a attorney in the Sacramento area.

  9. Thomas D. Boley

    Contributor Level 14

    17

    Lawyers agree

    Answered . It is not whether you were guilty of DUI, but whether the prosecution can prove it. The answer really lies in how evidence was collected. The police must collect evidence that proves you were in control of a motor vehicle and under the influence of alcohol. Both of those elements must be proven beyond a reasonable doubt. If you were not arrested and promptly tested, you will not likely be charged with DUI.

    Keep in mind, DUI is a very standard arrest for police. They generally walk through the same exact arrest, same three field sobriety tests, make similar observations, and perform the same chemical tests. If your scenario deviates from the norm, you are less likely to be convicted or even charged.

    And, keep in mind that accident related DUIs usually have the most evidence issues.

  10. Jared M Thompson

    Contributor Level 6

    15

    Lawyers agree

    Answered . First of all, a felony DUI causing injury charge does not require serious injury or great bodily injury, and even minor injuries can be legally sufficient. The District Attorney's Office in your county has discretion to file a DUI with injury as a misdemeanor rather than a felony, but that decision is driven largely by the extent of the injuries. I recommend you speak to a criminal attorney who handles DUI cases regularly. It sounds like your drivers license is already suspended, so your main concern is to find an attorney who can represent you. If you only had a few drinks it may be a case that can be substantially mitigated or successfully defended.

  11. Brian K Wanerman

    Contributor Level 18

    14

    Lawyers agree

    Answered . Stop posting any details about the incident here or anywhere else. Do not discuss them with ANYONE except your attorney. Contact an attorney IMMEDIATELY.

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