DUI with Injury in Brea
If you drive under the influence and cause bodily injury to someone else while in the city of Brea, you can be arrested and convicted of ‘DUI with injury’ under California Vehicle Code 23153.
If the injuries caused are severe, you will be most likely be charged with Felony DUI. DUI crashes that casue minor injuries like scrapes and bruises will most likely be charged as a Misdemeanor DUI as long as the driver has not more than 2 DUI convictions within the last 10 years.Elements Necessary to Prove a DUI with Injury Charge
If you are arrested for DUI with injury, the prosecution must prove the following key elements:
- That you were violating Californias DUI laws including:
- You were driving under the influence of alcohol and/or drugs
- You are driving with a blood alcohol concentration level of 0.08% or higher/ 0.04% or more if you are a commercial driver's license holder/ 0.01% or higher if you are below 21 years old or are on a prior DUI probation
- You are driving while physically or mentally impaired by alcohol
- That you broke an additional law or acted in a negligent manner while driving and
- Your negligent or unlawful act resulted in someone's injury
If you are charged with DUI with injury, it is important that you hire an expert DUI attorney. The DUI attorney will explore several defense strategies to defend your case including:
- You were not the one driving the vehicle
- You were not actually driving under the influence
- You were not the cause of the accident because there were other external factors at play including harsh weather, poor road conditions, a damaged vehicle and so on.
There are, of course, several other defense strategies that an attorney can explore depending on the circumstances of your case. It is, therefore, important that you call and retain a DUI attorney at the Johnson Criminal Law Group as soon as possible. Call us now.