Los Angeles County DUI With Injury Attorney

When a DUI accident results in another person’s injury, the stakes change dramatically. What might otherwise have been a misdemeanor drunk driving offense can escalate into a felony charge carrying potential prison time, lengthy driver’s license consequences, and restitution obligations that follow a conviction for years. If you are facing DUI causing injury allegations in Los Angeles County, contact Lucero, PC at 909-503-4856 to speak with our attorney about your situation.

Our law firm represents individuals accused of DUI with injury throughout Los Angeles County, including La Verne, Pomona, and surrounding communities. Attorney Christopher Lucero’s background as a former Southern California Deputy District Attorney gives our law firm a clear view of how the district attorney’s office evaluates and builds these serious cases, and where those cases can be challenged.

A DUI with injury charge under California Vehicle Code Section 23153 requires the prosecution to prove more than impairment: it must also establish that the driver committed an unlawful act or neglected a legal duty that caused bodily injury to another person.

A DUI allegation becomes substantially more serious when another person is injured. In addition to the consequences commonly associated with driving under the influence, a DUI involving injury can expose a driver to felony charges, greater incarceration, longer driver’s license consequences, restitution, and other penalties that can affect nearly every aspect of life.

At Lucero, PC, we represent individuals accused of DUI causing injury in La Verne, Pomona, Rancho Cucamonga, and throughout Southern California. Attorney Christopher Lucero understands the high stakes involved in these cases. We carefully examine not only the allegation of impairment but also the circumstances of the collision and whether the prosecution can establish that our client’s actions actually caused the alleged injuries.

California Vehicle Code Section 23153 addresses driving under the influence resulting in bodily injury to another person. A DUI with injury case involves more than simply proving that a driver had consumed alcohol or drugs and that someone was hurt. California law requires additional elements involving the driver’s conduct and the connection between that conduct and the resulting injury.

Under Section 23153, the prosecution generally must establish that the accused drove while under the influence, or with the prohibited blood alcohol concentration, and, while driving, committed an additional unlawful act or neglected a legal duty that caused bodily injury to someone other than the driver.

That distinction can become an important part of the defense.

A collision may involve multiple vehicles, conflicting witness accounts, dangerous road conditions, unexpected actions by another driver, or other circumstances affecting how the accident occurred. An injury alone does not answer every question about legal responsibility.

Christopher Lucero’s background as a former Southern California deputy district attorney gives us insight into how prosecutors evaluate serious DUI cases. We use that perspective to scrutinize the government’s evidence, identify weaknesses, and build a defense around the complete circumstances rather than assumptions based solely on the fact that an accident occurred.

A DUI causing injury conviction in California can result in felony charges, prison time, restitution, mandatory DUI education, driver’s license suspension or revocation, and ignition interlock device requirements, with severity increasing based on prior DUI convictions and the seriousness of the injuries.

A DUI causing injury can expose a defendant to significant criminal penalties. The potential consequences depend on the circumstances, applicable statutes, and the defendant’s criminal history.

Potential consequences can extend beyond fines and probation. A conviction may involve incarceration, DUI education requirements, restitution to injured parties, driver’s license suspension or revocation, and ignition interlock device requirements. The severity of the alleged injuries, the number of people injured, the driver’s prior DUI history, and other circumstances can affect the potential exposure.

California’s DMV consequences are also significant. Injury-involved DUI convictions can result in driver’s license suspension or revocation, with the length increasing for drivers who have qualifying prior offenses. California’s statewide ignition interlock device (IID) program generally requires individuals convicted of qualifying injury-involved DUI offenses involving alcohol or a combination of alcohol and drugs to install an IID for a specified period. The mandatory period generally ranges from one to four years, depending on the number of prior DUI convictions and the applicable statutory requirements. Eligibility for exemptions and other restrictions depends on the circumstances of the offense and the governing law.

A DUI arrest may also trigger an Administrative Per Se (APS) proceeding through the California DMV. This administrative action is separate from the criminal prosecution and concerns driving privileges rather than criminal guilt. Drivers generally have only 10 days after receiving a suspension or revocation order to request a DMV hearing, so prompt action after a DUI arrest remains important.

When a collision causes a serious injury, there may be additional DMV scrutiny as well. California DMV has authority to investigate fatal and serious-injury accidents and determine whether further action against a driver’s driving privileges is appropriate.

There may also be consequences outside the criminal and DMV proceedings. A person injured in an alleged DUI collision may pursue a civil claim for damages. California law specifically notes that causing serious injury or death while driving under the influence can expose a driver to civil lawsuits in addition to DUI penalties.

With so many potential consequences occurring at once, having a clear defense strategy is critical. At Lucero, PC, we help clients understand what they are facing and focus on the issues that can influence the outcome.

In Los Angeles County, the district attorney’s office can charge a DUI with injury as a felony under California Vehicle Code Section 23153, with the charging decision and potential penalties depending on the applicable statutes, the defendant’s criminal history, the circumstances of the collision, and the evidence supporting the alleged offense and any enhancements.

When the Los Angeles County District Attorney’s Office reviews a DUI causing injury case, the charging decision and potential penalties depend on the applicable statutes, the defendant’s criminal history, the circumstances of the collision, and the evidence supporting the alleged offense and any enhancements:

• Severity of bodily injury – A DUI causing bodily injury under California Vehicle Code Section 23153 is a felony offense. If the alleged injury qualifies as great bodily injury, an additional sentencing enhancement may apply under California Penal Code Section 12022.7, subject to the applicable statutory requirements.
• Number of people injured – Each additional injured person can result in a separate count, compounding the potential exposure and jail time significantly.
• Prior DUI convictions – Prior DUI convictions may increase the potential penalties for a DUI causing injury. The effect depends on the number and nature of the prior convictions, the applicable statutory lookback period, and any other circumstances specified by law.
• Blood alcohol concentration at the time of the arrest – A blood alcohol concentration well above the legal limit of 0.08% can influence charging decisions and the prosecution’s narrative at trial.
• Reckless driving conduct – Evidence that a driver was speeding, weaving, or otherwise driving recklessly at the time of the collision can strengthen the prosecution’s argument that an unlawful act caused the injury.

Understanding how these factors apply to a specific set of facts is essential to evaluating the realistic range of outcomes and building an effective legal defense.

DUI with injury cases require investigation beyond the BAC reading. Causation, the circumstances of the collision, the reliability of chemical testing, and the nature of the alleged injuries are all potentially contestable issues that can shape the outcome of the case.

DUI with injury cases require a broader investigation than many standard DUI charges. It is not enough to look only at a BAC result or police report. The collision itself can be a central part of the case.

We may examine body-camera and dash-camera footage, accident reports, photographs, surveillance footage, witness statements, vehicle damage, roadway conditions, medical information relevant to the alleged injuries, and other available evidence. Depending on the circumstances, accident reconstruction evidence may also become important.

One critical question is causation.

For example, another driver may have made an unsafe maneuver, failed to yield, run a traffic signal, or otherwise contributed to the collision. Weather, visibility, roadway design, mechanical problems, or unexpected hazards may also have played a role. These circumstances may be relevant to evaluating the evidence, but their existence does not automatically eliminate criminal liability. The prosecution must still prove the required elements of the charged offense, including the required causal connection between the defendant’s unlawful act or neglect of a legal duty and the alleged bodily injury.

The alleged DUI itself must also be carefully evaluated. We may review whether law enforcement had a lawful basis for the investigation, how field sobriety tests were conducted, and whether breath or blood testing was performed properly.

Chemical evidence can raise questions involving the timing of testing, equipment calibration, blood collection and storage, laboratory procedures, chain of custody, contamination, or interpretation of results. In cases involving marijuana, prescription medication, or other drugs, determining whether the substance actually caused impairment at the time of driving can present additional issues.

The nature and extent of the alleged injury can also matter. Medical records and other evidence may become relevant when determining whether an injury is connected to the collision and how it affects the charges or potential penalties.

At Lucero, PC, our approach is to investigate each part of the prosecution’s case rather than allowing the seriousness of the allegation to overshadow the evidence. Attorney Christopher Lucero uses his former prosecutor experience to anticipate how the government may build its case while identifying opportunities to challenge its conclusions.

Valid defenses in a California DUI with injury case can include challenging the lawfulness of the stop, the reliability of chemical testing, the sufficiency of the causation evidence, and whether the driver’s conduct, rather than another cause, actually produced the alleged injuries.

No two DUI with injury cases are identical. Defending these cases in Los Angeles County courts requires a careful examination of the specific facts, the available evidence, and the legal standards the prosecution must satisfy. Some of the most significant defense considerations include:

• Lawfulness of the initial stop – If a police officer lacked reasonable suspicion to initiate the traffic stop or DUI investigation, evidence obtained as a result may be subject to suppression.
• Reliability of chemical testing – Breath or blood test results are not infallible. Issues with the timing of testing, device calibration, blood sample handling, or laboratory analysis can undermine the prosecution’s chemical evidence and raise reasonable doubt.
• Causation challenges – The prosecution must prove that the driver’s unlawful act or neglect of duty caused the injury. Evidence of another driver’s negligence, hazardous road conditions, or other intervening causes can become a central part of the legal defense.
• Potential charge reductions or other resolutions – In some cases, negotiations with the district attorney’s office may result in a resolution that differs from the original DUI causing injury charge. A plea to reckless driving involving alcohol, commonly called a wet reckless, may be possible in appropriate circumstances, but it is not a guaranteed outcome and depends on the facts, the evidence, the applicable law, and the terms accepted by the prosecution and court.
• Impairment at the time of driving – Retrograde extrapolation, the timing of alcohol absorption, and other scientific considerations can raise questions about whether a driver’s blood alcohol concentration at the time of testing accurately reflects their condition when they were actually driving.

An experienced DUI defense attorney evaluates all of these potential angles before any plea or trial decision is made. Facing DUI charges with injury allegations is a serious matter, one that deserves a defense strategy tailored to the actual evidence rather than a reflexive decision to plead guilty.

If you have been accused of DUI causing injury in La Verne, Pomona, Rancho Cucamonga, or elsewhere in Los Angeles County, contact Lucero, PC to discuss your situation with our attorney. A serious drunk driving charge deserves a careful examination of the evidence, the collision, and every available defense. Call 909-503-4856 to schedule a free consultation with our Los Angeles County DUI defense attorney.