Los Angeles DUI Injury Lawyer

Defending Against DUI Causing Injury Charges in California

A person involved in a car crash while driving under the influence is subject to extremely serious criminal charges. Even if your driving ability was not impaired, but you had been drinking, you could be charged with a misdemeanor or a felony DUI, depending upon the severity of injuries involved and your criminal history.

At Gold & Witham, we can provide you with experienced criminal defense representation to help you avoid conviction. Our Los Angeles DUI injury lawyers believe in upholding our clients' rights and doing whatever is needed to provide them with effective defense strategies that will hold up in court.

Call Gold & Witham today to arrange a consultation with our Los Angeles DUI injury attorney. You only have 10 days to protect your license!

Why Hire Gold & Witham

At Gold & Witham, our skilled Los Angeles DUI injury attorneys have more than 40 years of collective legal experience to draw upon for the aggressive defense of your case. We are fully dedicated to representing our clients' interests and to defending their rights in criminal court and at their DMV hearings in order to protect their freedom, future, and driving privileges.

Learn more about our team.

Common Types of Injuries Caused by Drunk Driving Accidents

Drunk driving accidents can lead to a wide range of injuries, depending on the severity of the collision and other factors. Some common types of injuries include:

• Head Injuries: These can range from concussions and skull fractures to traumatic brain injuries (TBIs) and contusions. Head injuries are often severe and can lead to long-term complications.
• Neck and Spine Injuries: Whiplash, herniated discs, and spinal cord injuries are common. These injuries can cause chronic pain, limited mobility, or even paralysis.
• Back Injuries: Herniated discs, fractures, and muscle strains are frequent back injuries. They can be debilitating and require extensive treatment.
• Chest Injuries: These include rib fractures, punctured lungs, and contusions. Chest injuries can be life-threatening and often require immediate medical attention.
• Abdominal Injuries: Damage to internal organs such as the liver, spleen, or kidneys can occur. These injuries may lead to internal bleeding or organ failure.
• Broken Bones: Fractures or broken bones in the arms, legs, and other areas are common. These injuries often require surgery and extensive rehabilitation.
• Facial Injuries: These can include fractures to the jaw, nose, or cheekbones, as well as cuts and abrasions. Facial injuries may require cosmetic surgery.
• Soft Tissue Injuries: Sprains, strains, and bruises are common and can vary in severity. They may cause significant discomfort and require physical therapy.
• Psychological Injuries: Post-traumatic stress disorder (PTSD), anxiety, and depression can result from the trauma of the accident.
• Amputations: In severe cases, limbs or other body parts may be lost due to the severity of the accident.

California DUI Causing Injury Laws

The California law detailing DUI offenses involving injury to another party can be found in § 23153 of the California Vehicle Code.

According to this statute:

(a) It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

Commercial drivers can also be charged under § 23153 if they caused an accident resulting in the injury with a blood alcohol content at or above 0.04 percent.

What are the Penalties for DUI Causing Injury in California?

The penalties in California for DUI causing injury are harsh. Don't take a chance when it comes to your future. Get in touch with our Los Angeles DUI injury attorneys so that we can begin crafting a defense for your case.

Misdemeanor DUI Causing Injury

• Up to 5 years of probation
• 5 days to 1 year in county jail
• $390 to $5,000 in fines
• 3 - 9 month alcohol or drug education program
• 1-year driver's license suspension

Felony DUI Causing Injury

• 16 months to 4 years in prison
• Additional 3 years for every party that sustains "great" bodily injury
• Additional 1 year for every party that sustains any bodily injury
• Up to $20,000 in fines
• An 18 or 30-month alcohol or drug education program
• 4-year driver's license revocation

Legal Defenses to DUI Causing Injury

In California, being charged with DUI causing injury is a serious offense that can lead to significant legal consequences, including jail time, fines, and a permanent criminal record. However, there are several legal defenses that an experienced attorney might use to challenge these charges.

Here are some common defenses:

• Unlawful Stop: If the police officer did not have reasonable suspicion to stop your vehicle (e.g., erratic driving, traffic violation), any evidence obtained during the stop, including BAC results, may be suppressed.
• Lack of Probable Cause for Arrest: Even if the stop was lawful, the officer must have probable cause to arrest you for DUI. If the arrest was made without sufficient evidence, the charges could be dismissed.
• Faulty Breathalyzer Test: Breathalyzer machines must be properly calibrated and maintained. If there are issues with the machine or it was used incorrectly, the BAC results may be inaccurate.
• Improper Blood Test Procedures: Blood samples must be taken, stored, and analyzed according to strict procedures. If these protocols were not followed, the blood test results might be invalid.
• Rising BAC Defense: Alcohol takes time to absorb into the bloodstream. If your BAC was rising and you were tested shortly after driving, your BAC might have been below the legal limit while you were driving.
• No Impairment at the Time of Driving: Even if your BAC was above the legal limit, your attorney may argue that you were not actually impaired while driving. This defense is particularly relevant if there is evidence of normal driving behavior.
• Medical Conditions or Medications: Certain medical conditions (like GERD) or medications can result in a falsely elevated BAC reading. Additionally, symptoms of medical conditions might be mistaken for signs of intoxication.
• No Causal Link Between DUI and Injury: To convict you of DUI causing injury, the prosecution must prove that your driving under the influence directly caused the injury. If the injury was due to another factor, such as the other driver's actions or a mechanical failure, this could be a valid defense.
• Miranda Rights Violation: If you were not read your Miranda rights after being arrested, any statements you made to the police may be excluded from evidence.
• Unlawful Search and Seizure: If the police conducted an unlawful search of your vehicle or person, any evidence obtained from that search could be excluded.
• Improperly Administered Tests: Field sobriety tests must be administered according to standardized procedures. If the officer failed to follow these procedures, the results might be invalid.
• Physical or Environmental Factors: Conditions like uneven pavement, poor lighting, or physical impairments unrelated to alcohol can lead to poor performance on field sobriety tests.

Contact Our DUI Injury Attorney in Los Angeles Today

In cases of DUI causing injury and other felony DUIs, the prosecutor will be intent on ensuring your conviction. It is imperative that you have a quality DUI attorney working for you who knows how to bring forward a compelling defense.

The team at Gold & Witham has handled over 100 criminal cases in Southern California. Our extensive resources and experience will be enlisted to provide the best possible defense of your case.

Our Los Angeles DUI injury lawyer represents drivers throughout Los Angeles and the surrounding areas in Southern California. Call for a free initial consultation.