San Diego DUI with Injury Defense Attorney

Vehicle Code section 23153 addresses DUI causing injury. In addition to the applicable impairment or alcohol-concentration requirement, the prosecution must establish an unlawful act or neglect of a legal duty while driving that proximately caused bodily injury to someone other than the driver.

An alcohol result does not by itself prove who caused a collision. Road conditions, another driver’s actions, mechanical issues, and witness or reconstruction evidence may affect the analysis. Prescription medication and other drugs may also be involved in a DUI allegation.

Charging and sentencing depend on the facts, prior convictions, injury severity, and the statutes alleged. Some cases can be charged as misdemeanors or felonies. Great bodily injury, additional injured people, prior DUIs, and other allegations can increase potential consequences when the requirements are met.

Potential consequences include custody, fines, restitution, probation, education or treatment, and driving restrictions. Fatal collisions may involve separate manslaughter or murder allegations requiring their own analysis. A specific outcome cannot be predicted from a general penalty chart.

Our defense review can include police reports, witness interviews, photographs, video, medical documentation, vehicle evidence, blood collection, laboratory handling, and breath testing. Timing matters because surveillance and physical evidence can disappear quickly.

• Was the accused actually driving, and what evidence establishes the sequence of events?
• Did the alleged violation cause the injury, or is another explanation supported?
• Were the stop, search, blood draw, and testing procedures lawful and reliable?

James N. Dicks is a Certified Criminal Law Specialist and former police detective. jD LAW can review the criminal charges and related license issues, explain your options, and help you make an informed decision. Preserve records and avoid detailed statements to investigators without counsel.