Pasadena DUI With Injury

DUI with injury



California law treats a Pasadena DUI with Injury charge differently than a standard DUI charge. Under California Vehicle Code Section 23153(A) VC or Vehicle code section 23153(B) VC, a Pasadena DUI with Injury is a “wobbler” that can be prosecuted as either a felony or a misdemeanor. Based on the circumstances of the case and severity of the injury, Pasadena DUI Penalties are more severe for DUI cases in which someone has been injured. However, the law is very clear that ANY injury will qualify to make this case a felony.

A Pasadena DUI with Injury case follows a trajectory similar to the DUI Process in Pasadena for a standard DUI, with some key differences. For Pasadena DUI with Injury charges, a defendant is more likely to be required to post bail or otherwise adhere to conditions of release such as AA attendance or an alcohol-monitoring bracelet while the case is being heard.

Those accused of Pasadena DUI with Injury can be charged with 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. A conviction for causing a DUI with Injury may result in a prison sentence, enhanced DUI class requirements, hefty court fines and restitution to the victim, loss of driver’s license, loss of professional license and increased insurance costs, among many other potential consequences.

Although the punishments are severe, there are defenses to Pasadena DUI charges that may be successfully raised. For example, merely being under the influence in a DUI incident in which a person was injured is not enough to prove a charge of Pasadena DUI with Injury. The prosecutor must be able to establish that a driver was under the influence of an intoxicant, violated a traffic law or otherwise acted with civil negligence and that action caused the accident (which in turn caused the injury to the victim).

Thus, if a person was driving drunk or otherwise under the influence but did not violate any traffic law and another party was at fault for the resulting collision, the first person could not be charged with Pasadena DUI with Injury (although they could still face standard misdemeanor DUI charges).

The penalties are severe for a DUI causing injuries. The court will add a year in custody for each additional person injured. If the injury suffered is serious, the prosecutor may seek an enhancement of DUI with Great Bodily Injury which will result in a mandatory punishment of prison.

A Great Bodily Injury enhancement will add three years to any prison sentence. If the injured party is comatose, an additional five years can be applied. A person convicted of Pasadena DUI with Injury may be sentenced to eight years imprisonment if the injury is deemed serious. DUI Manslaughter or DUI Murder charges can apply if the injury results in the victim’s death.

Because of the severe consequences that an allegation of Pasadena DUI with Injury carries, it is crucial that you have a skilled Pasadena DUI Defense attorney representing you as soon as possible. Pasadena DUI Defense Attorney Michael Kraut is experienced in dealing with charges of this nature and has had great success in getting such charges dismissed or significantly reduced. Mr. Kraut is a former deputy district attorney with over 14 years of prosecutorial experience. He is respected by prosecutors and law enforcement professionals and is highly skilled at mounting successful defenses to Pasadena DUI with Injury charges.

For more information about Pasadena DUI with Injury, and to schedule your free consultation, contact Pasadena DUI with Injury Attorney Michael Kraut at the Kraut Law Group located at 790 East Colorado Boulevard, 9th Floor, Pasadena, CA 91101. Mr. Kraut can be reached 24/7 at 888-334-6344 or 626-345-1899.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.