DUII Resulting in Bodily Injury

DUI Resulting in Bodily Injury

Oakland DUI Defense Lawyers

Driving under the influence of drugs or alcohol is a very serious offense—but if you cause an accident that results in a bodily injury, you could find yourself facing serious consequences—including time in prison. Depending on the circumstances surrounding the accident, you could be charged with a felony crime.

If you are facing serious DUI charges, choosing the right DUI defense attorney is a critical decision that should not be taken lightly. Your attorney will need to mount an aggressive and swift legal defense against these serious charges, so you can avoid jail time and conviction. We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas!

Understanding the Charges

California Vehicle Code 23153 VC is the section of the law that addresses DUIs that cause bodily injury. In order to convict you of this crime, the burden of proof rests with the prosecution.

The prosecutor must prove three elements beyond a reasonable doubt:

  • That you operated a motor vehicle under the influence of drugs or alcohol
  • That you drove in a reckless or negligent manner (or with a BAC of 0.08% or greater)
  • That your negligence caused injury to another person

Consequences for DUI Resulting in Bodily Injury

The prosecutor can choose to charge you with a misdemeanor DUI or a felony DUI. The consequences and penalties for DUI resulting in bodily injury vary widely depending on a variety of circumstances, including the facts specific to your case, the injuries sustained, and whether this is your first or second DUI.

Misdemeanor DUI with Injury

  • Informal probation for 3-5 years
  • Up to one year in jail
  • Up to $5,000 fines
  • 3-30 month court approved DUI school
  • 1-3 year driver’s license suspension
  • Restitution to injured parties

Felony DUI with Injury

  • 2-4 years in California State Prison
  • An additional 3-6 years if any victim suffers great bodily injury
  • An additional 1 year for each person that suffers an injury
  • Strike on your California record
  • Up to $5,000 fines
  • 18-30 month DUI school
  • Habitual traffic Offender for up to 3 years
  • Five-year revocation of your California driver’s license

There are ways you can fight a DUI that results in injury. Perhaps the accident wasn’t your fault. Perhaps your BAC was not collected properly. Perhaps the breathalyzer was not calibrated accurately.

The moment you choose to call The Law Office of Nabiel C. Ahmed, our experienced Oakland DUI defense attorney will immediately begin investigating your case. We may employ accident recreation experts to independently evaluate who truly caused the accident. Environmental factors, such as the weather and road conditions can play a large role in determining fault and ultimately to winning your case.

Call our team at the Law Office of Nabiel C. Ahmed at (510) 907-6600 for a free consultation and to start building a solid defense against these serious charges. If you are already detained, we are also available for phone consultations and jail interviews. You can also fill out a confidential contact form.

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