Beverly Hills DUI with Injury
Those facing charges of Beverly Hills DUI with Injury should expect stiffer penalties than what is typically assessed for standard DUI charges. Under California Vehicle Code Section 23153, Beverly Hills DUI with Injury is a “wobbler” that can be prosecuted as either a felony or misdemeanor, depending on the factual circumstances and criminal history of the defendant. Beverly Hills DUI Penalties are much harsher for DUI incidents that result in injuries. The prosecutor can file either Vehicle Code Section 23153(a) or Vehicle Code 23153(b). In most cases the prosecution will file both charges. It does not matter of the injury is only slight. Any injury at all will qualify under either of these sections.
Driving under the Influence of Alcohol or drugs that cases an injury in Beverly Hills has become a top priority for the prosecution by law enforcement. The drugs can either be lawful prescriptions or illegal narcotics.
The Beverly Hills DUI Process will differ significantly for Beverly Hills DUI with Injury cases. For example, a Beverly Hills DUI with Injury defendant should expect the Court to enforce conditions of release, such as attending Alcoholics Anonymous meetings or wearing an alcohol-monitoring bracelet, while the case is pending. If the defendant has a prior then he or she could be ordered into jail while the case proceeds through the court process.
Beverly Hills DUI with Injury charges can be charged under either California Vehicle Code Section 23153(a), Driving under the Influence of Alcohol and/or Drugs and causing injury to a person, or California Vehicle Code Sections 23153(b), driving with a blood-alcohol content of 0.08% or higher and causing injury to a person, or both.
The sentence for Beverly Hills DUI with Injury includes prison time, mandatory DUI classes, costly court fines and fees, restitution to any victim, revocation or suspension of driver’s license, as well as other collateral consequences such as increases in insurance premiums, loss of professional licenses and loss of employment. Professional licenses include Registered Nurses with a DUI, Physicians with a DUI, Attorneys with a DUI or any other person with a State or Federal license who is arrested for driving under the influence of drugs or alcohol.
There are effective defenses that may be raised in Beverly Hills DUI with Injury cases. Someone who was merely driving under the influence and incidentally was involved in a traffic collision is not necessarily guilty of Beverly Hills DUI with Injury. The State must additionally prove that a defendant was under the influence at the time of the collision and then violated a traffic law or drove in a negligent fashion; and that this act or omission proximately caused the accident and injury.
Therefore, if a DUI driver did not cause the accident (i.e. the other party ran a red light or otherwise drove negligently), Beverly Hills DUI with Injury charges would be improper to file (although standard DUI charges can still be properly filed).
Certain factors can have an effect on Beverly Hills DUI with Injury penalties, such as the number of victims involved and the seriousness of their injuries. Those convicted of Beverly Hills DUI with Injury face an extra year in prison for each additional person injured. If the victim’s injuries are deemed to be serious, the prosecutor can opt to file as DUI with Great Bodily Injury.
The enhancement for Great Bodily Injury adds an extra three years to any prison sentence. If the injured victim becomes comatose, an additional five years in custody can be added. For Beverly Hills DUI with Injury allegations in which there is a “serious” injury, a sentence of up to eight years in prison may be imposed. If the victim succumbs to his or her injuries and dies, DUI Manslaughter and even DUI Murder are possible.
Due to the severe penalties that are associated with Beverly Hills DUI with Injury charges, it is critical that you have a knowledgeable and experienced Beverly Hills DUI Defense attorney representing you as soon as possible. Beverly Hills DUI Defense Attorney Michael Kraut has been able to intervene early before charges have been filed and has successfully had Beverly Hills DUI with Injury charges significantly reduced and even rejected. As a former deputy district attorney with over 14 years of prosecutorial experience, Mr. Kraut is highly respected by prosecutors and law enforcement professionals as a fierce defender of his client’s rights.
For more information about Beverly Hills DUI with Injury, and to schedule your free consultation, contact Beverly Hills DUI with Injury Attorney Michael Kraut at the Kraut Law Group located 8484 Wilshire Boulevard, Suite 660B, Beverly Hills, CA 90211-3220. Mr. Kraut can be reached 24/7 at 888-334-6344 or 310-550-6935.