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DUI with Injury in Aliso Viejo Drunk Driving Defense Lawyers

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DUI with Injury in Aliso Viejo

Summary: This page covers Burden of Proof for DUI with Injury Conviction, Penalties for Conviction of DUI With Injury.

In Aliso Viejo, as in the rest of California, you can be charged for felony DUI with injury if you cause injury to someone other than yourself when driving under the influence.

Usually, Blood Alcohol Concentration limits for a DUI arrest require a level of 0.08% or higher for adults 21 years of age or above. However, when injury to someone else is involved, you can be charged under Vehicle Code 23153(a) even if your BAC is below the permitted 0.08%.

Burden of Proof for DUI with Injury Conviction

In order to be convicted for DUI with injury, the prosecution must prove 3 important elements:

  • That your BAC was above 0.08% or that you were driving under the influence of alcohol or drugs and therefore violating California’s DUI laws. This means that the influence of alcohol and/or drugs had been so severe that your capabilities to effectively operate a motor vehicle were compromised.
  • That you acted negligently or broke another law in addition to the DUI
  • That your negligence or unlawful actions caused someone’s injury

It also should be noted that it must be your own act of negligence that caused the person’s injury. For example, if a drunk person with a BAC of over 0.08% were to be in the car and then hit by someone else who, in the process of the accident happening, accidentally scraped their leg on the side of the car, it would not be considered a DUI with injury conviction because the accident and the subsequent injury were not directly caused by the person that was actually drunk.

Penalties for Conviction of DUI With Injury

The penalties for DUI with injury convictions are based on the specific case. The penalties also rely heavily on the specific circumstances of the accident and on an individual’s criminal record. Because a DUI is a “ priorable” offense, the severity of the consequences of the DUI may vary. If there is no prior conviction, the driver may face any or all of the following:

  • Suspension of one’s driver’s license
  • Attending a compulsory alcohol education program
  • A fine of between $390 and $1,000
  • Imprisonment in county jail and
  • Probation of between 3-5 years

If the offense is the result of a second or third DUI, then the penalties are much harsher, and could include jail time. Although the Orange County District Attorney is strict on second and third DUI charges, there may also be mitigating circumstances that can be prepared by a criminal defense lawyer at our office.

Possible defenses for a DUI with injury include proving that you were not under the influence of alcohol and/or drugs or that your BAC (blood alcohol level) was not accurately taken. Some might even make the argument that there were a number of other factors that may have been responsible for the injury or accident, such as difficult weather conditions, road conditions, or vehicle conditions that may be to blame.

Whether it is your first second or third arrest and conviction for DUI, it is important that you call an attorney who can competently represent you in court. Contact Johnson Criminal Law Group for help with your DUI with injury case.

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Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

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I hired Lauren Johnson-Norris when social services showed up at my door asking questions after my husband and I got into an argument. I didn’t understand why they were there and everything was so overblown. They threatened to put my kids in foster care. Ms. Johnson-Norris created a plan to keep my family together, to keep us all safe and to help us get out of the system quickly. She was compassionate and as smart as can be. Her fees were reasonable, I could always get her on the phone and it was such a relief to know that she was on our side. If you or your family ever run into trouble with social services, I strongly recommend calling her. I am so thankful.

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Ms. Johnson-Norris represented my wife and me in a motion for relative placement of our grandchild. This was part of a nightmarish case involving the SSA, a corrupt and broken system rife with cronyism, ineptitude and conflicts of interest. Ms. Johnson-Norris was recommended to us as an expert in this area and we are so grateful to her for how she helped us. I’m experienced in dealing with attorneys in commercial and civil issues through my career, but dependency court is a bizarre world where normal rules and rights do not apply. In OC, it is a closed system filled with bias, and outsiders are at a disadvantage. Ms. Johnson-Norris is highly respected in this world and highly effective. She is always professional and an excellent communicator, never failing to return calls and emails promptly as we navigated this valley of terror. She was always prepared with thoughtful, intelligent, reasonable, and realistic counsel. She continues to guide, represent, and help us as things wrap up. I can’t recommend her highly enough. She is highly credible and experienced in this area of law, and there are not many who are. We are so glad she represented us. Her guidance and insight were invaluable to our family, and her teaming with the other counsel for our family was highly effective.

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Lauren Johnson-Norris is extremely knowledgeable in family court. She communicates with you as a client and is realistic in your options and outcomes. She helped us get our kids returned to us and sort through the maze of dependency court and social services.

Karen I., a Juvenile client

Ms. Johnson-Norris is an aggressive, professional and effective attorney. Thank you for your legal assistance. Her follow-through is to be commended, and she always returns phone calls and quickly replies to email. The outcome would not have been the same without Ms. Johnson-Norris as my attorney. I would highly recommend Ms. Johnson-Norris to friends and family in need of legal advice. Thank you!

M.B., a Family client

Ms. Johnson-Norris has been a ‘guardian angel’ in our case from the first second we spoke. She’s dedicated such intense time and detail into making sure everything is handled perfectly. Our case has not been finished (yet), and we’re just in the initial stages, but we are already extremely confident in her abilities. Our case is extremely sensitive in nature, but Ms. Johnson-Norris has shown compassion, composure, and extensive knowledge, which is always super comforting. I can say with certainty that Ms. Johnson-Norris will handle our legal needs from the beginning to the end. Also, Ms. Johnson-Norris is really easy to get ahold of. She returns phone calls and/or emails very quickly, which is also a very comforting factor, and something I wanted to point out about her.

Jill, a Juvenile client

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Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

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Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

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