Burbank DUI With Injury
For those accused of Burbank DUI with Injury, the penalties are more severe than they are for standard DUI charges. Burbank DUI with Injury is a “wobbler” under California Vehicle Code Section 23153(a) and 23153(b) VC. This means that the State can file either felony or misdemeanor charges, depending on the circumstances of the case and the history of the defendant. Burbank DUI Penalties for DUI incidents resulting in injuries are typically more extensive. Driving under the influence of Alcohol or drugs resulting in an injury in Burbank is one of the most serious crimes bring prosecuted in Burbank, California.
There are some significant differences in the Burbank DUI Process when the allegation is Burbank DUI with Injury. For example, the Court typically places conditions of release on those accused of a Burbank DUI with Injury while their case is pending, such Alcohol Anonymous attendance or wearing an alcohol monitoring bracelet. IN many cases the judge will require the person to pay a significant amount of bail or remain in custody while the case progresses.
Burbank DUI with Injury charges are brought 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.
Those convicted of Burbank DUI with Injury face prison sentences, compulsory DUI classes, substantial court fines and fees, victim restitution, loss of license, and other consequences like increased insurance premiums, loss of professional licensure and even loss of employment.
There are several valid defenses that may be raised to counter an allegation of Burbank DUI with Injury. Merely driving under the influence and incidentally being involved in a traffic collision is not enough to satisfy the elements of the crime of Burbank DUI with Injury. The prosecutor must be able to establish that the defendant was both under the influence at the time of the collision and also committed a traffic violation or otherwise drove negligently; and that this conduct caused the subsequent collision and injury.
Therefore, if the defendant driver was in no way at fault (i.e. someone else committed a traffic violation such as running a stop sign), Burbank DUI with Injury charges would not be applicable (although they still risk prosecution under standard DUI laws).
Factors such as degree of injury and number of victims can have an effect on Burbank DUI with Injury penalties. Someone convicted of DUI with Injury in Burbank may face an extra year in custody for every person injured. If the injuries suffered are considered to be serious, the prosecutor can file charges of DUI with Great Bodily Injury.
The Great Bodily Injury enhancement pursuant to Penal Code Section 12022.7 PC, adds an additional three years to any prison sentence. If the injured party falls into a coma, the defendant could face an additional five years in custody. Burbank DUI with Injury charges may carry sentences of eight years in prison when there is a “serious” injury. If the injured party dies as a result of their injuries, DUI Manslaughter or even DUI Murder charges may be filed.
Because of the severe consequences associated with Burbank DUI with Injury charges, it is imperative to have an experienced Burbank DUI Defense attorney working on your case as soon as possible. By intervening before charges are filed, Burbank DUI Defense Attorney Michael Kraut has been able to have Burbank DUI with Injury allegations significantly reduced and even dismissed. Mr. Kraut is a former deputy district attorney with over 14 years of prosecutorial experience and is highly respected by prosecutors and law enforcement professionals alike.
For more information about Burbank DUI with Injury, and to schedule your free consultation, contact Burbank DUI with Injury Attorney Michael Kraut at the Kraut Law Group located at 2600 West Olive Avenue, 5th Floor, Burbank, CA 91505. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-563-9810.