What Charges Does The Driver Face If Someone Is Injured In A DUI Accident?
Bodily injury in a DUI accident typically results in a charge of California Vehicle Code Section 23153A and 23153B, which is impaired driving with injury or being at or over 0.08 with injury. There is a felony charge, which says that some act that the driver did approximately caused the injury to another person.
If Someone Actually Is Killed, What Are Those Charges?
If someone is killed, the charges will depend on the circumstances and whether or not someone has prior convictions for DUI. If they do, the severity of those charges will be considered. We see vehicular manslaughter, second-degree murder and felony DUI charges. They will tack on a lot of different charges, which can really add up.
If a driver is unable to perform a breath test, a blood test is not necessarily going to be automatically done. There should be medical clearance before any blood test is done to an unconscious person. If a person is unconscious, nothing should be done to them by paramedics, the police or a phlebotomist. A blood test is supposed to be done in a medically approved manner and in a proper setting. If someone is unable to perform a breath test, typically the officer will tell them that they have to do a blood test instead. If they decline that, then it would be considered a refusal and the police would be able to get a warrant from a judge to perform a forced blood draw.
Can Enhanced DUI Charges Ever Be Reduced To Lesser Offenses?
Enhanced DUI charges can absolutely be reduced to lesser offenses, and we do that all of the time. In fact, that’s one of our goals in these cases where someone has a high blood alcohol level. Very often, we are able to get those allegations stricken so that someone’s record looks better or they don’t have to attend as much DUI school. Now, if someone is well above a 0.20, in most counties, it’s very difficult to get those enhancements to go away. However, we do a lot of trading off in our negotiations of these cases. Depending on the county and the circumstances, sometimes we can make those go away, sometimes we can’t.
How Do You Console Clients Who Are Feeling Hopeless When Facing Enhanced DUI Charges?
What I really try to do with my clients in those situations is show them what their options are and how they can help me fight their case. For a lot of these clients, what they really need to do is go into residential treatment, DUI school and attend five to seven AA meetings a week. Completing a lot of community service can be a good thing as well, because it shows that they’re willing to give back to the community. Doing these things will differentiate them from other people who might not do anything, and it will show that they’re willing to change in order to avoid repeating the same behavior in the future.
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