DUI with Injury in California

In California, an arrest on suspected DUI charges that resulted in an injured victim can be charged as either a Misdemeanor or Felony. What will be analyzed is the seriousness of the injury. The District Attorney will analyze if the injured person required hospitalization or if the victim suffered a permanent injury. If so, these facts will weigh in favor of a felony Dui charge. 

However, the Defense will usually assess this piece of the case to see whether the intoxicated driving actually was the proximate cause of the victim’s bodily injuries. Is there enough evidence to show that it may be reasonably inferred that the defendant’s act was a substantial factor in producing the victims harm? If there is not, the felony charge cannot stick.