What is California DUI with Injury?
California laws define DUI with Injury as causing physical harm to someone else, while drinking and driving. It can be categorized as a misdemeanor or felony.
Determining Factors of Assault With A Deadly Weapon:
Before any case can be brought to court, there are factors of the crime that will need to be verified. DUI with Injury is no different, and these factors include:
· The defendant was drinking and driving with a blood alcohol count of 0.08% or higher
· The defendant was committing another offense, or was behaving in a reckless manner
· The defendant injured someone else as a result
There are additional aggravating factors of the crime, including:
· If the victim suffered serious bodily injury
· The driver has had a prior DUI
Penalties for DUI with Injury in California
The fines and punishments for Assault With A Deadly Weapon, if convicted, include:
· Misdemeanor: Jail: up to 1 yr: Fines: up to $1,000 | License Suspension: up to 3 years | Drug Education Program: up to 30 months| Informal Probation
· Felony: Prison: up to 3 yrs | Fines: up to $5,000 | Habitual Traffic Offender| License Suspension: up to 3 years | Drug Education Program: up to 30 months
It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, and the court will deliberate on these, before sentencing someone found guilty of DUI with Injury. In addition, the jury and judge will weigh how badly the victim was injured and other circumstances discussed above. If it were a commercial driver, the blood alcohol count could be less to prosecute as an example. Commercial drivers should not be drinking with a blood alcohol count of .04% or higher.
How to Hire a Orange County Law Firm for DUI with Injury:
If you’ve been charged or are under suspicion of DUI with injury, Call MacGregor and Collins at 949-250-6097 today. A lawyer can help to prove your innocence, and/or reduce sentencing.
Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.