Los Angeles DUI Causing Injury Defense Lawyers

What is a DUI Causing Injury?

California Vehicle Code Section 23153(a) VC makes it a crime for any person to operate a motor vehicle under the influence of drugs and/or alcohol and concurrently cause an accident that results in an injury to another person. This is commonly known as a DUI causing injury.

California Vehicle Code Section 23153(b) VC makes it a crime for any person, while having a blood alcohol concentration (BAC) of 0.08% or higher, to operate a motor vehicle and concurrently cause an accident that results in an injury to another person.

Both DUI assault charges are “wobblers,” meaning they can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's prior criminal record. If charged as a felony, a DUI assault conviction can result in a lengthy state prison sentence, a “strike” on your criminal record, and other severe criminal penalties.

At Stephen G. Rodriguez & Partners, our Los Angeles DUI assault defense lawyers understand the stress that comes with being charged with a crime and the potential legal consequences that you face. We have a proven track record of success in defending these serious charges and have obtained numerous acquittals and dismissals for our clients.

When you hire our firm, you can trust that we will provide you with the effective legal representation you need and deserve throughout the entire criminal court process. Our attorneys will fight to protect your rights and freedom and work tirelessly to achieve the most favorable outcome possible in your case.

What Does the Prosecutor Have to Prove?

In order for you to be convicted of a DUI causing injury offense under California Vehicle Code Section 23153(a) VC or California Vehicle Code Section 23153(b) VC, the prosecutor must prove the following elements of the crime beyond a reasonable doubt:

• You were driving a motor vehicle;
• While driving you violated a California DUI law;
• You committed the violation with negligence; and
• Your negligent driving caused an accident that resulted in the injury of another person.

If the prosecution is unable to prove any of these elements of the crime, you cannot be convicted of a DUI causing injury offense.

“Negligence” is defined as the failure to use reasonable care to prevent harm to yourself or others. In other words, you were not driving with the same amount of caution that a reasonably careful person would have used under the same or similar circumstances.

For example, if you were driving with a BAC of 0.08% or higher and you accidentally rear-ended another vehicle at a stop sign, you could be charged with a DUI causing injury offense under California Vehicle Code Section 23153(b) VC if the driver of the other vehicle suffered an injury as a result of the accident.

In order to be convicted of a DUI causing injury offense, the prosecutor must also prove that you were the cause of the accident and that the other driver's injuries were not the result of some other cause. This can often be a difficult burden for the prosecution to meet, especially if there were other vehicles involved in the accident.

In order to prove that you were driving under the influence and/or that you were the cause of the accident, the prosecution may rely on the following evidence:

• Your driving pattern;
• Your appearance and physical symptoms;
• The results of your DUI blood test or DUI breath test;
• Field sobriety test results;
• The accident scene;
• Police officer testimony;
• Witness testimony;
• Surveillance video footage; and/or
• Any other relevant evidence.

How Can I Fight a DUI Causing Injury Charge?

There are several legal defenses that our experienced Los Angeles DUI causing injury lawyers can use to fight the charges against you, depending on the specific circumstances of your case. These defenses may include, but are not limited to:

• You were not driving under the influence;
• You were not the cause of the accident;
• The other driver's injuries were not a result of the accident;
• The results of your DUI blood test or DUI breath test were inaccurate;
• The field sobriety tests were improperly administered;
• The police officer violated your Fourth Amendment rights;
• You were the victim of police misconduct;
• You were falsely accused of a DUI causing injury offense; and/or
• You were driving under the influence of drugs that were legally prescribed to you by a doctor.

How Can a Los Angeles DUI Causing Injury Defense Lawyer Help Me?

If you have been charged with a DUI causing injury offense, it is important to consult with an experienced Los Angeles DUI assault defense lawyer as soon as possible. Our attorneys can help you by:

• Protecting your rights;
• Ensuring that you are treated fairly throughout the entire criminal court process;
• Determining the best legal defenses to assert on your behalf;
• Conducting a thorough investigation into all of the facts and circumstances surrounding your DUI causing injury arrest;
• Challenging the legality of your DUI blood test or DUI breath test;
• Challenging the accuracy of the field sobriety tests;
• Moving to suppress any improperly obtained evidence;
• Representing you at all court hearings;
• Negotiating with the prosecution to reduce the charges or penalties;
• Preparing your case for trial; and/or
• Providing you with the compassionate support and aggressive representation you need and deserve in your time of need.

Our Los Angeles DUI assault lawyers understand the stress that comes with being charged with a crime and the potential legal consequences that you face. We are committed to providing each of our clients with the personalized legal representation they need and deserve throughout the entire criminal court process.

Don't let a DUI causing injury arrest ruin your life. Contact our experienced Los Angeles DUI assault lawyers today to schedule a consultation. Our attorneys are available 24/7 to help you.