Ray Dinari is a wonderful DUI lawyer in Fullerton. This guy saved me from the worst things that could happen to me after a huge mistake that my family has not been able to forget. I have been very ashamed with them because i never meant what i did but unfortunately things happen and i had to look for a DUI lawyer that could give me my life back and let me continue with it. So, as soon as i knew about him, i called him and he was in charge of my case! My case was dismissed and i got a lesson of life! Thanks Ray!Lary D
Law Office Of Ray Dinari
Although DUI offenses in California are usually misdemeanors, there are certain circumstances that could warrant a felony DUI conviction in California. Specifically, a fourth or subsequent DUI offense is a felony crime in California. This crime can lead to up to three years in a state prison, as well as the permanent loss of your driver’s license.
You can also be charged with felony DUI in California if your DUI caused severe injury or death to another individual. Depending on the facts of your case, you may be charged with either, DUI causing injury, vehicular manslaughter, or even second-degree murder. Finally, you can also get a felony DUI conviction if you have been convicted of felony DUI in the past. This means that if your first DUI offense caused injury and constituted a felony DUI, then any subsequent DUI could count as felony DUI.
WHAT IS A DUI WITH INJURY CASE?
Every state has laws that cover driving under the influence (DUI). However, these legal penalties may be intensified if the DUI involved serious bodily injury to another person. In many jurisdictions, serious bodily injury will result in the DUI being charged as a felony. Felony charges result in more serious consequences, like longer sentences in a prison facility, and a complete loss of driving privileges. In California we have laws that use the term “great bodily injury” causes bodily injury to any person other than himself, is guilty of a felony. [California Vehicle Code Section 23153.]
California Vehicle Code 23153(a) VC – It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act 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. Broadly speaking, the definition of GBI includes the following conditions:
- Extreme physical pain
- Disfigurement that is obvious or protracted (lasting over long periods of time, such as burn wounds)
- Permanent or protracted impairment of a bodily organ or member
- Loss of mental faculties
- Injuries involving substantial risk of death (such as profuse bleeding)
SENTENCING AND PUNISHMENT FOR DUI CAUSING INJURY IN SOUTHERN CALIFORNIA – VC 23153 The penalties for a conviction are determined on a case by case basis and largely depend on the specific circumstances of your case and your past criminal history. First Conviction:
- A period of imprisonment in a county jail,
- A fine between $390 and $1,000,
- Informal probation of between three and five years,
- A court imposed alcohol education program, and
- A suspension of your driving privileges.
- As with a charge of vehicle code 23152(a), the offenses are “priorable” and the penalty increases for a second dui and third dui and so on each time you receive a conviction.
As with any other DUI case, defenses is available, even if serious bodily injury is involved. Some common DUI defenses include:
- Improper DUI testing (such as a failed breathalyzer exam)
- Illegal traffic stop or arrest
- Insufficient evidence for arrest
You have the right to a criminal defense attorney if you are facing DUI WITH INJURY charges. It is to your advantage to contact a defense attorney to assist you with your case, especially if the DUI charges involve claims of injury and great bodily injury. To be able to trust someone with your California DUI defense you need a pre-screened lawyer who understands all the complex laws about blood alcohol content (BAC), breathalyzers, DWI, license suspensions, DMV penalties and new drunk driving legislation.
When you are convicted under section 23153 of the California Vehicle Code it means that you have caused injury to at least one other person while driving under the influence. It is important to find an attorney that knows the local laws and can help form a defense that may get the vehicle code 23153 charge dropped. At the Law Office of Ray Dinari, our experienced DUI can help you with questions you might have about the entire DUI process and penalties for an offender. If you need to speak to a DUI attorney Fullerton, California confidentially about your DUI case, please call our office at: (714) 878-0448.