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.

What to Except at Your First Court Date in California | DUI

If you are arrested for a crime, specifically a DUI in California, you will have your driver’s license taken and you will be issued a pink temporary driver’s license. You will also be issued a citation with a court date. This court date is your Arraignment Date in Superior Court which is your first court appearance. At this court hearing, you will be notified or “arraigned” of the charges that the District Attorney decides to file against you. This is important because the charges may be different than what you were originally cited for. For example, you may have been cited for a DUI, but in court you could be arraigned for VC 23152(a) Driving under the Influence; VC 23152(b) BAC over .08, and VC 23578 -Excessive blood Alcohol Level (if your BAC was really high); or VC 23578 –Refusal to submit to a Chemical Test. Typically, your first appearance can be very nerve-racking. However, you should keep in mind that your actual case will only take a few minutes once t...

Daily DUI Blog | California

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