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.

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VC 14601.1(a). Driving on Suspended License (DUI) Consequences in California

VC 14601.1(a) Driving on a Suspended License . The majority of people convicted of a DUI offense in California will have to suffer a California Driver’s License Suspension. After said suspension, a person may very well still drive and ignore the license suspension law. If caught, a ticket will be issued for violation of California Vehicle Code 14601.1(a). This is essentially a traffic ticket that can be charged as a misdemeanor or an infraction. If it is charged as an infraction, the court hearing will be held in Traffic Court. However, if the case is charged as a misdemeanor the case will be prosecuted by the District Attorney in Criminal Court. To add, this violation usually will add 2 points to your DMV record.

Blood Alcohol Level Chart in California. Learn How Many Drinks You Can Actually Have!

In California it is illegal to drive with your blood alcohol content being over at .08% or higher. *Remember the BAC for commercial vehicle drivers and under age drivers is much less. For the former it's .04% and for the latter it's .01%. Please reference the table below to provide an estimate for you to learn more about how many drinks you can legally have before driving in California. *Chart is provided by the California Driver’s Safety Office of the DMV.

Blood Evidence in DUI Cases in California

In California, DUI cases are now being solved with the used of blood evidence. DUI defense attorneys are now challenging blood evidence to help get cases thrown out of court. This is an exciting tactic for us defense attorneys to have in our arsenal! When blood evidence is taken at a DUI crime scene there are many ways that the test results can become compromised. When the blood evidence is compromised that evidence cannot be used in the case, and the prosecutions case becomes too thin. Success in DUI case dismissals can be gained from attacking blood evidence in court!

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