In California, it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. The California Vehicle Code also states that it is unlawful to drive under the influence and cause bodily injury to another person by your actions or negligence. Any injury, from a broken bone to a mere abrasion, constitutes an injury that meets the requirements for a violation. The conditions that comprise a DUI remain the same whether or not the driver harmed another person.
In addition to proving the elements for a “standard DUI charge”, the prosecutor must prove two additional facts for a DUI causing bodily injury. First, the State must prove either that you broke another non-DUI law (usually a moving violation like speeding or running a red light) or you were driving negligently. Second, the prosecutor must show that your actions in breaking the law or your negligent operation of a car caused an injury to someone else. For example, if you were driving-under-the-influence, ran a cyclist off the road, and that cyclist fell off his bike and broke an arm, you could be charged with a DUI causing bodily injury. The prosecution would have to prove that you either were breaking a law or were acting negligently when you ran the cyclist off the road. The prosecution would also have to prove that being run off the road is what caused the cyclist to break his arm.
The most significant difference between a regular DUI charge and a DUI causing bodily injury charge is that the latter carries stiffer penalties for those that are convicted. Namely, you face an increase in jail time and fines as compared to standard DUI penalties, and you may be ordered to a state prison instead of a county jail to serve your sentence. You can be charged with a felony for your first DUI if you injured someone, while a regular DUI is generally prosecuted as a misdemeanor (unless you have prior DUI convictions within 10 years). The penalties for a first offense include thousands of dollars in fines and fees with mandatory jail time and the real possibility of state prison. Should you injure more than one individual, you may be assessed an extra year (up to a maximum of 3 added years) in state prison for each additional victim.
When you are charged with a DUI causing injury, the services of a savvy attorney can prove invaluable in protecting your rights and defending your interests. Call Mark Rosenfeld now at (310) 424-3145 for a consultation to discover all that he can do for you in your case.
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