No doubt about it... you need to hire an experienced DUI attorney. If you get nothing else from this response, please take that advice to heart.
It appears your case will be a misdemeanor because you have no priors and there was no "serious" injury. As to your refusal, its possible you might defend against a refusal allegation given the fact you were on medication and had a head injury or were otherwise rendered unconscious for part of the time. You may want to fight the refusal allegation especially if you are charged with VC23152 (DUI) rather than VC232153 (DUI causing accident without injury), because the latter carries a 1 year CDL suspension, but the former does not. The DMV will likely not even try to get your BAC level if they are proceeding against your privilege based on a refusal (They don't have to show BAC, they have to show refused). Do yourself a favor and hire a DUI attorney. Find one that belongs to the California DUI Lawyers Association. Google it.
ou unfortunately had a motor vehicle accident and may be facing possible misdemeanor or felony DUI charges. You want to know what the possible penalties are and what you should you do. You need to know what you are facing. You are scared and do not know where to turn. Help is here at AVVO.
Felony or Misdemeanor, the Need to Retain a Qualified California DUI lawyer
Even a low BAC in a serious DUI accident with death or injury could get you in big trouble. You require a professional approach to draw them out properly so that you don’t lose every step of the way - an approach like that of a California DUI attorney. California DUI police sometimes do not follow rules or procedures. A California DUI attorney can see to it that you are protected yet proper steps are taken to ensure the victim situation is handled properly. Be careful as California DUI attorneys just cannot make mistakes which could affect your freedom and license. In California, a BAC – blood alcohol content – of any amount may be a big problem, particularly if an accident. Your California DUI attorney might be able to cut you a deal so you can avoid prison and/or a felony and many harsh penalties. Excellent questions to ask when searching for a California DUI lawyer: What are his or her California DUI attorney's qualifications? Is he or she a Specialist?
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