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.
