Felony DUI Causing Injury is a very serious allegation and requires additional circumstances that need to be present well beyond a standard DUI charge, VC 23152(a)(b). The DA must establish that, in addition to driving under the influence of alcohol or drugs, the driver did the following:
- He or she either performed an act forbidden by law; or
- neglected a legal duty; and
- that violation or negligence caused the injury to someone other than the defendant.
In other words, it is not enough that the driver was simply driving under the influence; there needs to be an additional violation, omission, or negligent act.
Some examples of unlawful acts that are typically found in Felony DUI Causing Injury cases include: speeding; changing lanes when it is not safe to do so; trying to pass another vehicle when it is not safe; failing to stop at a stop sign; and driving on the wrong side of the road. This list is not exhaustive – there are many more examples of unlawful acts that can satisfy this element under Felony DUI Causing Injury.
When someone is charged with Felony DUI Causing Injury, there are additional charges that might be alleged. The additional charges can include PC 12022.7, a great bodily injury allegation; PC 1192.7(c), a serious felony making the offense a potential strike; and VC 23558, causing injury to more than one person. The real issue with these additional charges or "enhancements" is that it exposes the defendant to considerable prison time.
If you are in need of representation on a Felony DUI Causing Injury case, contact my office today. I will provide a free, confidential consultation. During the free consultation, we will discuss the details of the case, potential defenses, goals with respect to representation, and other relevant aspect of your case.