Vehicle Code section 23153 (a)/(b) - Felony DUI Causing Injury
Driving under the influence causing injury is a serious "wobbler" offense, meaning it can be charged as either a misdemeanor or felony - typically depending on the extent of the injuries.
To prove that a person committed this offense, a prosecutor must prove the following:
- A person drove;
- When the person drove they were under the influence of alcohol, drugs, the combined influence of alcohol and drugs, or with a blood alcohol concentration of .08% or higher;
- While driving under the influence of one of the above, the person committed an illegal act (other than DUI) or neglected to perform a legal duty; and
- The illegal act or failure to perform a legal duty caused bodily injury to another person.
Defenses to Felony DUI Causing Injury
For over 30 years our firm has defended hundreds of serious DUI cases. Our firm wrote the leading treatise on DUI defense used by DUI attorneys across the country.
We have obtained favorable outcomes by focusing our defenses in the following areas:
- The person was not under the influence of alcohol, drugs, or the combined influence of both. Please see our section on DUI defenses for an exhaustive list of potential defenses.
- The person did not perform an illegal act or neglect to perform a legal duty. For example, if the injury was caused by a traffic accident, but the defendant was not at fault for the accident, he or she is not guilty of felony DUI causing injury.
Bartell, Hensel & Gressley's team of DUI attorneys have offices in Temecula and Riverside. Bartell, Hensel & Gressley's DUI lawyers are happy to meet with you at any time to discuss the potential defenses in your case. We defend cases primarily in Riverside and San Bernardino County, Orange County, but also Mammoth DUIs, Victorville DUIs, and more.
Potential Punishments for Felony DUI Causing Injury
This is a serious felony offense carrying a maximum punishment of 3 years in the state prison. In addition, if the injury caused by the accident is severe, or multiple people suffered injuries, or the person has suffered a prior DUI, the sentence can be enhanced significantly through the use of sentencing enhancements.
Who You Hire Makes the Difference
Bartell, Hensel & Gressley has defended thousands of DUI cases, and our lawyers train other attorneys across the nation on DUI defense. Our firm wrote the leading treatise on DUI defense, which is used by lawyers across the country. Who you hire can make all the difference in your case. Call us today at (951) 788-2230 to get our team of DUI lawyers on your case.
Bartell, Hensel & Gressley has offices in Temecula and Riverside, and practices throughout Riverside, San Bernardino, Rancho Cucamonga, Murrieta, and Orange County.
We understand that being accused of a crime is one of the most challenging times of your life. Rely on us to advocate for your rights and to give you the defense you deserve.