Definition

California DUI with Injury is regarded as driving under the influence of alcohol, and that the driver was behaving a reckless manner that resulted in injury to another person.

Elements of the Crime

In order to take a DUI with Injury case to trial, certain elements of the crime will have to be proven. These include:

·         The blood alcohol count of the driver would be .08% or higher, or if it were the driver of a commercial vehicle, the driver can be prosecuted if the blood alcohol count were .04% or higher.

·         Someone (whether passenger, pedestrian or other driver) was/were injured.

Punishments for California DUI with Injury

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of California DUI with Injury, it is usually filed as either:

·         A misdemeanor: which is punishable by up to one year in the county jail, or up to $5,000 in fines, an informal probation, suspension of license for a maximum of three years, up to 30 months in a drug ed program, and an informal probation.  

·         A felony, which includes up to three years in prison, or up to $5,000 in fines,  suspension of license for a maximum of five years, up to 30 months in a drug ed program, and reimbursement of damages to victims.

Legal Defenses for DUI

A good California defense lawyer can present many reasonable defenses for those found guilty of dui with injury. The lawyer can help to lower sentencing and keep drivers out of jail. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused. Call (949) 250-6097 to speak to a lawyer, should you be on trial for DUI with Injury.

Learn more about other California Section Penal Codes here.