Driving Under the Influence (DUI) is a serious offense in California, and when it involves bodily injury to another person, it escalates to a felony DUI charge. If you’re facing felony DUI with bodily injury charges in California, it’s crucial to understand the potential penalties, bail issues, and the legal processes that follow, including both the court and the Department of Motor Vehicles (DMV) hearings. In this article, we’ll provide a comprehensive overview of what to expect and how to protect your rights.

What Is Felony DUI with Bodily Injury in California?

California law makes it illegal to drive under the influence of alcohol or drugs. When a DUI leads to bodily injury to another person, the offense is considered a felony, as outlined in California Vehicle Code Section 23153. A person may face a felony DUI charge if they cause injury to someone while driving under the influence of alcohol, drugs, or a combination of both.

Key Elements of Felony DUI with Bodily Injury Charges:

1. Driving Under the Influence (DUI): This involves operating a vehicle while impaired by alcohol or drugs, including prescription medications, illegal drugs, or over-the-counter drugs.
2. Bodily Injury: The injury must be more than just a minor scratch. It involves physical harm that requires medical attention, such as broken bones, concussions, or internal injuries.
3. Causation: The DUI driver must be the direct cause of the bodily injury. In other words, the injury must result from the defendant’s impaired driving.

 

If convicted, the penalties can be severe, and a skilled attorney is crucial in mitigating the consequences.

Potential Penalties:

Felony DUI with bodily injury charges carry significant penalties. The severity of the punishment depends on various factors, including the number of victims, whether the driver has prior DUI convictions, and whether the driver acted with gross negligence or malice. Here’s an overview of the potential penalties:

1. Jail or Prison Time:
   • Prison Sentence: A conviction for felony DUI with bodily injury can result in a prison sentence of 16 months to 4 years. If multiple victims are injured, the sentence can be enhanced, leading to even longer prison terms.
   • Probation: In some cases, the court may grant probation instead of prison time, but this is typically only granted under specific circumstances, such as first-time offenders with no prior history of DUI offenses.
2. Fines:
   • Felony DUI with bodily injury charges can result in fines of up to $5,000, in addition to other court-related fees.
3. License Suspension:
   • A conviction for felony DUI with bodily injury can lead to a suspension of your driver’s license for up to 4 years. You may also be required to install an ignition interlock device (IID) on your vehicle once your license is reinstated.
4. Compensation to Victims:
   • Victims of the accident may sue the DUI driver for damages. These could include medical bills, lost wages, pain and suffering, and other damages resulting from the injuries.
5. Increased Penalties for Prior Offenders:
   • If the defendant has prior DUI convictions, they could face enhanced penalties, including longer sentences, higher fines, and more extended license suspensions.

 

Bail Issues:

When facing felony DUI with bodily injury charges, the issue of bail is a significant concern. The bail amount is typically set by the judge, based on the seriousness of the offense, the defendant’s criminal history, and the risk of flight. For felony DUI with bodily injury, bail amounts can range from $25,000 to $100,000 or more, depending on the circumstances of the case.

Factors Influencing Bail Amount:

1. Severity of Injuries: If the injuries sustained in the accident are particularly severe or life-threatening, the bail amount may be higher.
2. Prior DUI Offenses: A history of prior DUI convictions may result in a higher bail amount, as the court may see the defendant as a repeat offender and more likely to flee.
3. Flight Risk: If the defendant has strong ties to the community and a low risk of fleeing, the court may be more inclined to grant bail. However, if there is a risk the defendant will flee, bail may be denied or set extremely high.

 

In some cases, bail reduction hearings can be requested if the defendant can show that the bail amount is unreasonable or unaffordable. An experienced attorney can work to reduce bail or secure release under specific conditions, such as electronic monitoring.

The Court Process:

The court process for felony DUI with bodily injury involves several stages. Understanding each step can help you navigate the complex legal system and prepare for your case.

1. Arraignment:
   • The first court appearance is the arraignment, where you will be formally charged and asked to enter a plea. Your attorney can request a reduction in bail or argue for your release on conditions like house arrest or electronic monitoring.
2. Pre-Trial Hearings:
   • During the pre-trial phase, your defense attorney will investigate the case, challenge the evidence, and negotiate with the prosecutor. This may include filing motions to suppress evidence, challenge DUI testing procedures, or seek a reduction in charges.
3. Trial:
   • If your case goes to trial, both the prosecution and defense will present evidence and witnesses. The prosecution must prove beyond a reasonable doubt that you were driving under the influence and caused bodily injury to another person. If the evidence is insufficient, you may be acquitted or receive a reduced charge.
4. Sentencing:
   • If convicted, the judge will issue a sentence, which could include prison time, fines, license suspension, and other penalties discussed earlier.

 

The DMV Hearing Process

In addition to the criminal court process, you will also face an administrative hearing with the California Department of Motor Vehicles (DMV). The DMV hearing is a separate process from the criminal case, and it involves the potential suspension of your driver’s license.

1. Requesting a DMV Hearing:
   • After being arrested for DUI, you have just 10 days to request a hearing with the DMV to contest the automatic suspension of your license. If you don’t request the hearing within this period, your license will be suspended automatically.
2. DMV Hearing Process:
   • The DMV hearing is not a criminal trial. Instead, it is an administrative proceeding where a DMV hearing officer reviews the evidence, including whether the officer had probable cause to arrest you and whether you were legally advised of your rights.
   • Your attorney can present evidence, cross-examine witnesses, and argue against the suspension of your license.
3. Outcome of the DMV Hearing:
   • If the DMV hearing officer determines that you were unlawfully arrested or that the evidence does not support the DUI charges, your license may not be suspended. However, if the officer finds that the arrest was lawful and that the DUI charges are substantiated, your license may be suspended for months or even years, depending on the severity of the case.

 

Defenses:

There are several possible defenses to felony DUI with bodily injury charges in California. These defenses can help reduce the charges or have them dismissed entirely. Some potential defenses include:

• No Bodily Injury: Arguing that the alleged injuries were not as severe as claimed or did not require medical attention.
• Mistaken Identity: Showing that the defendant was not the person driving the vehicle at the time of the accident.
• Improper Arrest: Demonstrating that law enforcement did not have probable cause to stop or arrest the defendant.
• Fault of Another Party: Arguing that another party, such as the victim or another driver, was at fault for the accident.

 

Contact Us For Help

Facing felony DUI with bodily injury charges in California is a serious matter that requires immediate legal attention. The potential penalties are severe, and the process involves multiple legal proceedings, including both criminal court and DMV hearings. If you are charged with a felony DUI with bodily injury, it’s essential to seek the counsel of an experienced DUI attorney who can help you navigate the complexities of the legal system, protect your rights, and work towards the best possible outcome.

For more information or to discuss your case with a knowledgeable DUI defense lawyer, contact our law firm today. We are committed to defending your rights and helping you through this challenging time.