DUI with Injury Attorney Serving Rancho Cucamonga and La Verne
When a DUI Accident Results in an Injury
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.
Call Lucero, PC at 213-668-7569 to schedule a consultation with a lawyer today.
Understanding the Consequences of a DUI With Injury
A DUI causing injury can potentially be prosecuted as a misdemeanor or felony depending on the circumstances, making it particularly important to understand exactly what the prosecution is alleging.
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. The DMV states that 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 current statewide ignition interlock program also requires individuals convicted of an alcohol-related DUI causing injury to install an ignition interlock device (IID) for a specified period. For a first injury DUI conviction involving alcohol, the mandatory IID restriction period is currently one year, with longer periods for qualifying repeat offenses.
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 an 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 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. The California DMV 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 strategy is critical. At Lucero, PC, we help clients understand what they are facing and focus on the issues that can influence the outcome.
Examining Impairment, Causation, and the Collision
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. Determining what actually caused an accident can be significantly more complicated than the initial police report suggests.
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.
If you have been accused of DUI causing injury in La Verne, Pomona, Rancho Cucamonga, or elsewhere in Southern California, contact Lucero, PC
to discuss your situation with an attorney. A serious charge deserves a careful examination of the evidence, the collision, and every available defense. We are committed to protecting your rights and pursuing a favorable outcome while helping you understand each stage of the process.
Frequently Asked Questions About DUI With Injury Charges in California
What is a DUI with injury in California?
California Vehicle Code Section 23153 addresses DUI offenses that result in bodily injury to another person. The prosecution generally must establish not only that the driver was under the influence or had a prohibited BAC, but also that the driver committed an unlawful act or neglected a legal duty while driving and caused injury to another person.
Is DUI causing injury a felony in California?
A DUI with injury can potentially be prosecuted as either a misdemeanor or felony, depending on the circumstances. Factors such as prior DUI convictions, the nature of the alleged injuries, and the facts surrounding the collision can affect how the case is charged.
What are the potential penalties for a DUI with injury?
Consequences may include jail or prison time, probation, fines and assessments, DUI education, restitution, driver's license consequences, and ignition interlock requirements. Penalties can increase when there are prior qualifying DUI convictions, multiple injured individuals, or particularly serious injuries.
Does an accident automatically mean I caused the other person's injuries?
No. Causation is an important issue in a DUI with injury case. Evidence involving the actions of other drivers, road conditions, visibility, mechanical problems, witness statements, and other circumstances may be relevant when determining what actually caused the collision and resulting injuries.
Can I be charged with DUI with injury if my BAC was below 0.08%?
Potentially. California DUI law does not rely exclusively on the 0.08% BAC threshold. A person can face DUI allegations when the prosecution claims alcohol, drugs, or a combination of substances impaired their ability to drive, depending on the evidence.
Can a marijuana or prescription drug DUI result in a DUI with injury charge?
Yes. DUI with injury allegations are not limited to alcohol. A case may involve marijuana, prescription medication, other drugs, or a combination of drugs and alcohol if prosecutors allege impairment contributed to a collision resulting in injury.
Will my driver's license be suspended after a DUI with injury arrest?
A DUI arrest or conviction can result in serious driver's license consequences. There may also be a separate California DMV administrative proceeding. Because drivers generally have only 10 days after receiving a suspension or revocation order to request a DMV hearing, it is important to address license issues quickly.
Will I have to pay restitution if someone was injured?
If a person is convicted of an offense involving injury, the court may order restitution for qualifying losses suffered by the victim. The amount and scope of restitution depend on the circumstances and documented losses involved in the case.
Have Questions?
Call Lucero, PC at 213-668-7569 today. Chris Lucero is available during normal working hours but also maintains a 24/7 phone availability. If you need a consultation on a weekend or evening, he can provide that for you.