Driving Under the Influence cases are very serious and a major focus of law enforcement agencies and prosecutors.  When a DUI involves an accident, especially one that injures another person, or worse, kills another person, the case can have drastic consequences for the driver, including a felony conviction, prison time and a serious criminal record.  In addition to the charges in Superior Court, both charges trigger an administrative license suspension process with the DMV.  To stop a suspension, you must request a DMV hearing within 10 days of the date of arrest.

DUI CAUSING INJURY
VC 23153 governs DUI causing injury and can be charged as a misdemeanor or felony.  As a misdemeanor, it can carry a county jail sentence of up to one year.  As a felony, it can carry a California State Prison sentence of 16 months, 2 years or 3 years (sometimes a county jail sentence pursuant to AB-109 realignment).  Further, if the injuries are significant, there may be an additional 3 year prison term imposed for causing "Great Bodily Injury."  Great Bodily Injury is often charged when there are broken bones, surgery or other similar significant injuries.  Accordingly, a DUI causing great bodily injury could result in as much as a 6 year California State Prison term.

DUI MANSLAUGHTER
PC 191.5 ("Gross Vehicular Manslaughter While Intoxicated") is the California law regarding DUI causing death to another person.  This can be another driver/passenger, a pedestrian, and even a passenger in the defendant's car.  The government must prove that the defendant violated the state's drunk driving laws, by showing that the driver had above a .08 blood alcohol concentration at the time of driving, or that the person was impaired, affecting their ability to drive.  Additionally, the prosecution must prove that the defendant was responsible for the accident.  Sometimes, law enforcement will jump to the conclusion that an intoxicated driver was responsible for an accident, but that is not always the case.  Someone could certainly be above the legal limit and still have obeyed all traffic laws.  It might be that the victim or another driver was responsible for the accident, and may have even been impaired him/herself.  DUI manslaughter is always a felony, always a strike and carries a sentence of Four, Six or Ten years in California State Prison.  With a DUI prior, a defendant found guilty of killing another person while driving under the influence can be charged with murder (commonly called a Watson murder).

Because DUI offenses are often the result of addiction problems, a properly presented defense might make it possible to serve some or all of a sentence in a drug or alcohol rehabilitation facility.  This is often the best outcome for the defendant as well as the best way of protecting society from future violations. 

EXAMPLE
Jeremy is driving down Sunset Boulevard in the Silverlake neighborhood of Los Angeles late Friday evening.  Jeremy has had two large beers, but does not feel the effects of alcohol.  Jeremy and another driver are involved in a car accident, and the other driver sustains a broken leg as a result of the collision.  LAPD arrives on the scene and smells alcohol on Jeremy's breath.  After performing a series of field sobriety tests, Jeremy is asked to blow in a hand-held breath test device known as a "PAS" or "Preliminary Alcohol Screening" device.  The PAS registers a .08 and Jeremy is arrested for DUI.  At the station, Jeremy is given the option of performing a blood or breath test.  He chooses to give a breath sample, with results of .1 and .11.   Jeremy had a right to refuse the field sobriety tests and the PAS test.  At the station, refusing to provide a breath sample after a lawful arrest would lead to at least a one year license suspension.  As a result of his DUI arrest, he is charged with violating VC 23153(a) and VC 23153(b) - DUI causing injury, charged as a felony.  Additionally, there is a Great Bodily Injury Allegation, subjecting the defendant to an additional 3 years of California State Prison time.

Jeremy's Silverlake Criminal Defense Attorney can assert several defenses on Jeremy's behalf.  First, it is important to consult with an accident reconstructionist expert to determine all possible, probable and likely causes of the collision.  This may help to establish that Jeremy was not responsible for the accident and did not cause the injury.  If the defense can show that there is insufficient evidence of causation, that would mean Jeremy is no longer facing a felony or prison time.  In defending the DUI charge generally, Jeremy's attorney can challenge the accuracy of the breath test devices, establish that the rising pattern in Jeremy's tests indicates a BAC below .08 at the time of driving (more on the Rising BAC defense) or possibly show how Jeremy's health conditions (such as GERD or Diabetes) or dental conditions (crowns, gum disease, veneers, etc.) can cause elevated breath test readings.

Additionally, Jeremy's defense attorney will need to defend his driving privilege with a DMV Administrative Per Se Hearing in order to avoid a driver's license suspension.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

For serious DUI cases involving injury or death, call our office for a free consultation with a Los Angeles DUI Lawyer.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar