DUI With Injuries

DUI charges involving accidents are treated more seriously than DUI charges arising from a routine traffic stop. If the accident does not result in personal injuries, charges are filed under the usual Vehicle Code Section 23152. An accident without injuries is still an aggravating factor that may lead to additional DUI penalties, but the mandatory minimum penalties are the same as a regular DUI.

However, if the accident leads to a victim suffering personal injuries, DUI charges are filed under a different section of the Vehicle Code; Section 23153. A case involving personal injuries can be filed under this Code Section as either a felony or a misdemeanor. The Los Angeles District Attorney's Office has a policy of filing these cases as felonies if the injuries are more than minor. Minor pain or bruising may still result in a misdemeanor filing. A misdemeanor DUI with minor injuries would still result in the Court imposing at least ten days of county jail time and a mandatory one year license suspension together with the usual fines and alcohol programs.
A felony DUI in Los Angeles may lead to significant State Prison time depending on the severity of the injuries caused in the accident.

If you have been involved in an accident and you have been arrested for DUI, you need to seek professional advice immediately. There are essential steps to be taken without delay, including contacting the DMV to schedule a DMV Hearing, and contacting your insurance company to provide a statement. It may also be advisable to speak with the Investigating Officer responsible for your case or the filing Deputy in the District Attorney's Office responsible for deciding how to file your case.

Time is of the essence as immediate investigative work may be necessary, including visiting the scene of the accident with an accident reconstruction expert and interviewing witnesses. You must not take these steps alone without the guidance of a Los Angeles DUI Defense Attorney. Attorneys Jeffrey Gold and Nigel Witham have many years of experience in successfully handling these tough cases. Please visit their website at wedodui.com or call for a free consultation at (800) 716-6791.
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