DUI With Injury Basics

If you are convicted of a DUI with injury, you face increased penalties, and you will want to consult with an attorney as soon as possible to discover if there are defenses that can be argued in your case.  This article will educate you on some of the basics, but you will benefit from assistance with the specific facts of your case.

What are the elements of 23153 “DUI with injury”?

  • You were driving under the influence
  • You committed an illegal act or neglected to perform a legal duty
  • Another person was injured as a result

Does my blood content have to be a certain alcohol level?  

No, if as a result of drinking an alcoholic beverage or taking a drug, your mental or physical abilities are so impaired that you are no longer able to drive a vehicle with the caution that a sober person exercising ordinary care would have, then you can still be convicted of a DUI even without a blood alcohol measurement of over .08%.  So your blood content CAN be the basis of the charge, but it’s not the ONLY way you can be charged with DUI.

Is DUI with injury a misdemeanor or a felony?

Prosecutors may charge it as either a misdemeanor or felony depending on the circumstances of the case.

What if I don’t think the injury was my fault?

There are many defenses to show that another person was not injured as a result.  For example, if you were stopped at a light and the other driver rear-ended you, then you could argue that even though you were driving under the influence, the injury wasn’t your fault.

Is there any chance I won’t be convicted?  

Yes, there are many defenses to a DUI with injury.  The prosecutor has the job to prove each element of the crime (see #1 above) beyond reasonable doubt.  An experienced defense attorney can take you through each step of what happened to you and look at ways to suppress the evidence or undermine it.  From the reason for the stop to the tests that were performed to the correlation with the injury that was caused, etc. your case can be examined to discover how to defend your case.