Defense Lawyer for Felony DUI with Injury | Expert Legal Representation

Summary:

A felony DUI with injury charge is one of the most serious drunk driving offenses, carrying severe penalties including lengthy prison sentences, hefty fines, and long-term collateral consequences. Hiring an experienced defense lawyer is critical because these cases involve complex legal and factual issues, from challenging blood alcohol content (BAC) evidence to negotiating reduced charges or alternative sentencing. A skilled attorney can scrutinize police procedures, question witness credibility, and explore constitutional violations that may lead to dismissed charges or acquittal. Without proper representation, defendants risk facing maximum penalties that can permanently alter their lives.

What This Means for You:

• Immediate Action: If arrested for felony DUI with injury, remain silent and request an attorney immediately. Do not discuss the case with law enforcement or anyone else before consulting a lawyer. Preserve all evidence, including witness statements and surveillance footage.
• Legal Risks: Conviction can result in 2-10 years in state prison, fines up to $10,000, driver’s license revocation, mandatory DUI programs, and restitution to victims. A felony record will also impact employment, housing, and gun rights.
• Financial Impact: Beyond attorney fees ($5,000-$50,000+), expect court fines, DUI program costs ($1,000+), increased insurance rates, possible civil lawsuits from victims, and lost income due to incarceration or license suspension.
• Long-Term Strategy: An attorney may pursue plea bargains reducing charges to misdemeanor DUI or wet reckless, seek alternative sentencing like rehab programs, or file for expungement after probation. Early intervention is key to minimizing consequences.

Felony DUI with Injury Defense Lawyer | Experienced Legal Representation

“Defense Lawyer For Felony DUI With Injury” Explained:

Under California Vehicle Code § 23153 (and similar statutes in other states), felony DUI with injury occurs when a driver operates a vehicle under the influence of alcohol/drugs, causes an accident, and another person sustains bodily injury as a result. The prosecution must prove: (1) the defendant was driving, (2) had a BAC of 0.08% or higher (or was impaired by drugs), (3) committed an illegal act or neglected a legal duty while driving, and (4) caused injury to another person. Unlike misdemeanor DUI, this charge becomes a felony due to the injury element and is often filed alongside other counts like reckless endangerment.

Types of Offenses:

First-Time Felony DUI with Injury: Even first offenders face felony charges if injuries occur. Penalties typically include 1-5 years in prison, 3-5 years probation, and license suspension for 1-3 years. Courts may offer diversion programs for minor injuries.

Multiple DUI with Injury: Defendants with prior DUI convictions face enhanced penalties—up to 7 years in prison if the current incident involves great bodily injury (GBI). Some states impose mandatory minimum sentences.

DUI with Vehicular Manslaughter: If the accident results in death, charges escalate to vehicular manslaughter (Penal Code § 191.5) or even murder under “Watson murder” rules in California, carrying 15+ year sentences.

Common Defenses:

Challenging BAC Evidence: Breathalyzer and blood tests can be contested due to improper calibration, chain-of-custody errors, or rising BAC levels (alcohol absorption takes time).

Causation Disputes: The defense may argue injuries were caused by another driver’s actions or pre-existing medical conditions, not the defendant’s impairment.

Illegal Stop: If police lacked probable cause for the traffic stop, all evidence may be suppressed under the Fourth Amendment.

Penalties and Consequences:

• Incarceration: 1-10 years in state prison, depending on injury severity and priors.
• Fines: $1,000-$10,000 plus penalty assessments.
• Probation: 3-5 years with terms like DUI school, community service, and no alcohol.
• License Suspension: 1 year to lifetime revocation for repeat offenders.
• Collateral Consequences: Loss of professional licenses, ineligibility for federal student aid, deportation for non-citizens, and difficulty finding employment.

Legal Process:

1. Arrest: Booked at jail, given BAC test, and held until bail hearing.
2. Arraignment: Charges formally filed; defendant enters plea.
3. Preliminary Hearing: Judge determines if enough evidence exists for trial.
4. Pre-Trial Motions: Defense files motions to suppress evidence or dismiss charges.
5. Plea Bargaining: 90% of cases resolve via negotiated plea.
6. Trial: If no plea, case proceeds to jury trial.
7. Sentencing: Judge imposes penalties based on sentencing guidelines.

Choosing a Criminal Defense Attorney:

Select a lawyer with specific experience in felony DUI cases, preferably one who knows local judges and prosecutors. Look for:

• Track record of dismissals/acquittals in DUI cases
• Familiarity with forensic experts (toxicologists, accident reconstructionists)
• Transparent fee structure (flat fees vs. hourly)
• 24/7 availability for jail releases

People Also Ask:

Can felony DUI with injury be reduced to a misdemeanor?
Yes, in some cases—especially for first-time offenders or minor injuries. An attorney may negotiate a “wet reckless” plea or argue for misdemeanor sentencing under PC 17(b).

How much does a felony DUI lawyer cost?
Fees range from $5,000 for pre-trial negotiations to $50,000+ for complex trials. Payment plans are often available.

Case Examples:

• People v. Verlinde: Court upheld felony DUI conviction where defendant caused major injuries.
• People v. McBride: Defendant successfully challenged BAC evidence due to lab errors.

Extra Information:

• California DUI Program Locations
• NHTSA Drunk Driving Statistics

Expert Opinion:

“Felony DUI cases require immediate intervention. The sooner we investigate—interviewing witnesses, obtaining crash reports, and reviewing medical records—the stronger the defense.” — John Doe, Esq., DUI Defense Attorney

Key Terms:

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