A DUI with injury is very serious. It is a felony which carries the potential of a state prison sentence depending on the facts of the case. It can be a “strike” under the California 3 strikes law if there is great bodily injury. Great bodily injury can make it a strike, add 3 years in state prison and result in a defendant serving 85% of the sentence. If there is a death of another person as a result of the accident, then the case can be charged as a manslaugther or 2nd degree murder charge.
There are aggravating and mitigating factors which are important in negotiating DUI with injury cases. Mitigating factors are facts which make the crime less serious and helpful in trying to resolve these cases with lesser charges, lesser sentences or possibly even a DUI with injury as a misdemeanor. The most important considerations are the blood alcohol level, extent of the injury, manner of driving, and prior record. Lower blood alcohol levels, soft tissue injuies, insurance, non-aggravated driving and lack of prior record are key. Other considerations include attitude with the officer, field sobriety tests and other factors concerning the accident and driver’s background.
The bail in these cases is usually set at $100,000 pending the first appearance where a Judge can consider all the factors and set a lower or higher bail. Call Attorneys Nicholas or William Christoph at 760-941-5720 for a free initial consultation. We have provided the highest level of personal and professional DUI defense representation for over 32 years across from the Vista Courts.
