You can expect that a DUI causing injury in California may lead to criminal charges, court appearances, driver‘s license consequences, and stiff penalties. Even a first driving under the influence arrest becomes much more complicated when another person is injured.
A Los Angeles DUI lawyer can review the facts of the case, explain the charges, challenge the evidence, and help protect the accused person’s rights throughout the legal process.
What Makes a DUI Injury Case Different From a Standard DUI?
Many DUI arrests involve allegations that a driver operated a vehicle while under the influence of alcohol or drugs. When another person suffers an injury, prosecutors may file more charges and seek more severe penalties.
Under California Vehicle Code § 23153, a person may face charges if they drive under the influence and commit an unlawful act or neglect a legal duty that causes injury to someone else.
An injury case usually receives greater attention from law enforcement, prosecutors, insurance companies, and the court than a standard DUI arrest.
What Happens Immediately After a DUI Accident Causes an Injury?
The first hours after a crash often move quickly. Police officers typically respond to the scene and begin an investigation. They may:
- Speak with drivers, passengers, and witnesses.
- Photograph the accident scene.
- Examine vehicle damage.
- Request field sobriety tests.
- Request a breath or chemical test.
- Prepare an accident report.
If officers believe a driver was under the influence, an arrest may follow. When injuries are involved, emergency medical personnel often evaluate the people involved in the collision. Medical records may later become part of the criminal case.
Can You Be Charged Even if the Injury Is Minor?
Charges can be filed in a DUI accident that caused a minor injury. For a DUI causing injury in California to lead to criminal charges, the harm does not have to be severe. A relatively small injury may still support a criminal charge if prosecutors believe the driver’s actions contributed to the harm.
The severity of the injury may affect how prosecutors handle the case and what penalties they seek. More serious injuries often result in greater legal exposure.
What Criminal Charges Might Be Filed?
The exact charges depend on the facts of the case. A prosecutor may file charges under California Vehicle Code § 23153 for driving under the influence and causing injury.
In some situations, additional allegations may be added based on:
- Prior DUI convictions
- High blood alcohol concentration
- Multiple injured victims
- Excessive speed
- Refusal to submit to chemical testing
The charging decision can significantly affect the potential consequences in the case.
Is a DUI Causing Injury in California a Misdemeanor or a Felony?
A DUI causing injury in California may be charged as either a misdemeanor or a felony, depending on the facts of the case and the severity of the injuries involved.
California Vehicle Code § 23153 is commonly called a “wobbler” offense. This means prosecutors may file the charge as either a misdemeanor or a felony, depending on the circumstances. Factors that may influence the decision include:
- The seriousness of the injuries
- The driver’s criminal history
- Whether there were multiple victims
- The facts surrounding the collision
Felony charges generally carry greater penalties and longer potential jail or prison sentences.
What Happens After an Arrest?
After an arrest, several steps often follow. A person may be booked into custody and later released according to local procedures. The case is then scheduled for court.
During the early stages of the case, the court process may include the following:
- Arraignment: The defendant appears before a judge and enters a plea.
- Pretrial proceedings: The parties exchange evidence and discuss legal issues that may affect the case.
- Motions and hearings: The court may hear arguments about evidence, police procedures, testing methods, or other disputed issues.
- Trial or resolution: Some cases proceed to trial. Others are resolved before trial through negotiations or other court-approved resolutions.
What Penalties Can Result From a Conviction?
The penalties vary from case to case. Potential consequences may include:
- Jail time
- State prison time in felony cases
- Fines and court assessments
- DUI education programs
- Probation
- Installation of an ignition interlock device
- Driver’s license restrictions or suspension
The specific outcome depends on the charges, evidence, criminal history, and other factors specific to the case.
What Happens to Your Driver’s License?
In California, a DUI arrest may trigger criminal proceedings and administrative license proceedings. The California Department of Motor Vehicles (DMV) has the authority to take action against a driver’s license independent of the criminal court process.
A DUI arrest can affect a driver’s license before the court case is over. The DMV handles license issues separately from the criminal case.
Will Insurance Companies Become Involved?
Insurance companies often become involved after a DUI accident that causes an injury because they may need to investigate the crash, evaluate claims, and determine what coverage applies.
Insurance companies can conduct investigations of their own after an injury crash. Adjusters usually review various types of evidence, including police reports, witness statements, medical records, photos and video evidence, and vehicle damage.
Statements made to insurers may later affect related legal matters. Many people choose to speak with a DUI criminal defense lawyer before discussing the details of the accident.
Can the Injured Person File a Civil Lawsuit?
People injured in a DUI-related crash could decide to sue the party that injured them. A DUI injury case can involve criminal and civil matters.
The government brings the criminal case. A civil case is generally filed by an injured person seeking financial recovery for losses related to the accident. These proceedings occur separately, with different goals and different legal standards.
A civil claim may continue regardless of what happens in the criminal case.
What Evidence Is Commonly Used in DUI Injury Cases?
As a criminal case unfolds, several types of evidence may appear in these cases, including:
- Breath test results
- Blood test results
- Police reports
- Body camera footage
- Dash camera footage
- Witness accounts
- Medical records
- Accident reconstruction evidence
- Surveillance video
The strength and reliability of the evidence often become major issues during the case.
Can a DUI Injury Charge Be Challenged?
No two cases are alike, so it depends on whether the charge can be challenged. The prosecution must prove each required element of the charge beyond a reasonable doubt.
Depending on the circumstances, questions may arise regarding:
- The legality of the traffic stop
- The accuracy of chemical testing
- Whether the driver was actually impaired
- The cause of the collision
- Whether another factor contributed to the injury
A lawyer may review the evidence to identify potential defenses and weaknesses in the prosecution’s case.
How Can a Criminal Defense Attorney Help After a DUI Injury Arrest?
DUI injury cases can be challenging, so some people seek legal help for them. These cases can involve scientific evidence, accident investigations, DMV proceedings, and criminal court procedures.
A lawyer may:
- Review police reports
- Analyze chemical testing evidence
- Investigate the collision
- Challenge improper procedures
- Represent the accused in court
- Address DMV-related issues
- Negotiate with prosecutors when appropriate
Early legal guidance may help a person better understand the charges, deadlines, and available options.
Learn What to Expect After a DUI Accident Causes an Injury in California
Cases involving DUI causing injury in California often involve more than a standard driving under the influence charge. Criminal penalties, driver’s license consequences, injury allegations, and court proceedings can create significant legal challenges.
Los Angeles DUI Lawyer, a referral service, can help connect you with a lawyer who will review your legal options. They can look at the circumstances of the case, explain the charges, discuss possible defense strategies, and answer questions about the criminal court process.
If you are facing allegations involving a DUI accident with injuries, speaking with a lawyer promptly may help you better understand what comes next. Call today for a free consultation.
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