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Criminal defense attorney

DUI Causing Injury Lawyer in Torrance

Over 60 Years of Combined Criminal-Law Experience for DUI Causing Injury Defense

When someone allegedly drives under the influence and another person is injured, authorities may investigate impairment, driving conduct, causation, and the injury evidence. A charge under California Vehicle Code section 23153 carries stakes beyond a standard DUI allegation.

California formally calls this charge DUI causing injury, though people may search for aggravated DUI or DUI with serious injury. Prompt legal advice can help you address statements to law enforcement, preserve collision and medical evidence, and prepare for court or DMV proceedings.

Protect your rights after a DUI collision. Schedule a free consultation with a Torrance DUI causing injury attorney by calling (310) 361-3068 or contacting us online.

Understanding DUI Causing Injury & Aggravated DUI Allegations

California generally calls this offense DUI causing injury under California Vehicle Code section 23153. Aggravated DUI is a general description that may appear in searches when a DUI allegation involves injury, prior convictions, a suspended license, or other aggravating circumstances. We handle DUI and DUI with injury cases as part of our criminal defense practice.

High blood alcohol concentration allegations are sometimes described as extreme DUI allegations, but extreme DUI isn’t a separate California statutory offense. Under Vehicle Code section 23578, an alleged blood alcohol concentration of 0.15 percent or more, or an alleged test refusal, may be considered at sentencing. Those allegations don’t eliminate the prosecution’s burden to prove the underlying DUI causing injury charge.

A case may also involve prior DUI convictions, multiple injured people, alleged great bodily injury, a suspended-license allegation, or an allegation of leaving the scene. The charging document and evidence determine which issues apply.

What Constitutes DUI Causing Injury in California?

For the prosecution to secure a conviction under California Vehicle Code section 23153, they must prove the following elements:

  1. You were driving a motor vehicle under the influence of alcohol or drugs. This can involve alleged impairment or an applicable blood alcohol concentration theory. Driving under the influence of drugs, including prescription medications, can also result in charges.
  2. You committed an unlawful act or neglected a legal duty while driving. This may include traffic violations, reckless driving, or another alleged failure to use reasonable care.
  3. Your unlawful act or neglected duty caused bodily injury to another person. Bodily injury causation means the prosecution must connect the alleged driving conduct to the injury, not simply show that a collision and an injury occurred.

Vehicle Code section 23153 includes separate provisions addressing alcohol, drugs, combined alcohol and drug influence, commercial drivers, and passengers for hire. Our attorneys can evaluate whether the evidence supports each legal requirement in your case.

What Are the Penalties for DUI Causing Injury in California?

DUI causing injury is typically charged as a wobbler offense, meaning it can be prosecuted as a felony or a misdemeanor depending on the alleged facts, injury evidence, prior record, and charging decision.

Potential Consequences

If charged as a felony, a DUI causing injury case can involve custody exposure, fines, restitution, probation conditions, DUI education, and driver’s-license consequences. Allegations such as great bodily injury can create additional sentencing exposure, and a strike consequence depends on the particular conviction and findings.

If charged as a misdemeanor, the case can still involve county jail exposure, fines, DUI education, probation conditions, restitution, and driver’s-license consequences. The actual exposure must be assessed from the charging document, prior-conviction history, injury evidence, and the prosecution’s theory of causation.

The severity of the potential consequences can depend on factors such as the alleged blood alcohol concentration, whether there are prior DUI convictions, the extent of the claimed injuries, and whether enhancement allegations are filed.

Aggravating & Mitigating Factors

Prosecutors and courts may consider aggravating and mitigating factors when making charging, negotiation, or sentencing decisions.

Aggravating Factors:

  • A high alleged blood alcohol concentration or test refusal
  • Prior DUI convictions
  • Injuries to multiple people or alleged great bodily injury
  • Driving with a suspended or revoked license
  • Allegations of leaving the scene after the accident

Mitigating Factors:

  • No prior criminal history
  • Limited or disputed injuries
  • A disputed causal connection between the driving conduct and injury
  • Weaknesses in testing or investigation
  • Documented treatment or rehabilitation

Mitigating circumstances don’t replace a defense to the prosecution’s proof. They can be important when evaluating the available options and presenting the full context of a case.

Effects Beyond the Criminal Case

Beyond the direct criminal penalties, a conviction for DUI causing injury can affect nearly every part of your life. You may face higher insurance premiums, licensing consequences if you hold a commercial driver’s license, and employment complications if you work in fields that require driving or background checks.

The Role of a DUI Causing Injury Attorney in Torrance

Our attorneys can provide legal representation by:

  • Negotiating With Prosecutors: Working to pursue an appropriate resolution when the facts and law support negotiation.
  • Representing You In Court: Advocating on your behalf during pretrial hearings, motions, and, if necessary, trial.
  • Explaining Your Legal Options: Providing clear guidance on the potential consequences and available defense options for your situation.

Robert Ernenwein is a former Los Angeles County Deputy District Attorney, and our firm provides direct communication with our legal team rather than using case managers as intermediaries.

Defenses That May Be Available in a Torrance DUI Causing Injury Case

The available defenses depend on the facts, the quality of the evidence, and how the investigation was handled. We examine whether law enforcement complied with constitutional requirements at every step, from the initial traffic stop to the collection and storage of blood samples.

Our criminal defense investigation can include video from nearby businesses or residences, witness accounts, photographs, vehicle damage, road conditions, body-camera footage, field sobriety tests, and chemical testing records. With support from our licensed private investigator, a former LAPD officer, we investigate facts that may bear on the collision and injury allegations.

We also look closely at whether the prosecution can link alleged impairment and unlawful driving conduct to the accident and resulting injuries. Another driver’s actions, road design, poor lighting, or a mechanical issue may be relevant to accident reconstruction and bodily injury causation. The existence of an injury is different from the legal question of whether the charged conduct caused it.

Medical conditions, prescription medications, fatigue, anxiety, inner ear problems, and other health issues can mimic signs of intoxication or affect performance on field sobriety tests and appearance on body-camera footage. Problems involving the stop, testing procedures, medical explanations, or collision evidence can affect how the case is evaluated.

Over 60 Years of Combined Criminal-Law Experience

A DUI causing injury case requires careful analysis of both the DUI evidence and the collision evidence. We focus exclusively on criminal defense, bringing more than 60 years of combined criminal-law experience to misdemeanor and felony cases. That experience includes complex felony and misdemeanor matters in Southern California.

Robert Ernenwein is a former Deputy District Attorney and is certified in criminal law by the California State Bar. Michelle Mathes brings experience as a federal judicial extern and Los Angeles County District Attorney research attorney. We prepare cases for negotiation or trial when appropriate, without promising a particular result.

We provide direct attorney communication from the first free, confidential consultation through the resolution of the case. We also offer legal services in Spanish and can address questions about court appearances in the Torrance Courthouse, DMV license consequences, work, and family concerns.

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Discuss Your DUI Causing Injury Charge With Counsel

Our former-prosecutor perspective, investigative resources, and direct attorney access allow us to assess the charge, preserve relevant evidence, and explain your options. Learn more about Our law firm and our reputation.

Speak with our lawyers at (310) 361-3068 or fill out this online form today.

  • I cannot thank Robert enough for his efforts, knowledge, and execution in my case. He gave me a second chance.
    - Kevin Q.
  • Michelle has had a profound impact on my life. She not only has a firm grasp of legal matters, but also of human emotions. This dynamic duo worked all hours of the day and night on my case. They exerted effort way beyond the amount that I had paid them.
    - Khadijeh K.
  • If you are in need of a great attorney with an abundance of experience as well as a very professional office staff who constantly will keep you updated, call Ernenwein & Mathes!
    - Jake L.
  • They are the gold standard for defense attorneys. A+
    - Former Client

    Frequently Asked Questions

    Every DUI causing injury case depends on its facts, the evidence, and the applicable criminal and DMV proceedings.

    Can a DUI Causing Injury Be Reduced to a Lesser Charge?

    It may be possible to seek a reduction to a lesser charge, such as reckless driving, depending on the evidence, alleged injuries, prior record, and prosecution’s assessment of the case. Our attorneys can review the allegations and discuss available options.

    Will I Lose My License After a DUI Causing Injury?

    A DUI causing injury allegation can create DMV license consequences, but the outcome depends on the allegations, your driving history, and the criminal and DMV proceedings. A restricted license may be available in some circumstances. We can review the issues that apply to your situation.

    How Long Does a DUI Causing Injury Case Take to Resolve?

    The timeline varies with the complexity of the evidence, injury allegations, court scheduling, negotiations, and whether the case proceeds to trial. Some cases resolve in months, while others take longer.

    Can I Avoid Jail Time for a DUI Causing Injury?

    Whether custody can be avoided depends on the charge level, alleged injuries, prior record, aggravating allegations, and the evidence. Probation or other non-custodial options may be available in some cases, but no outcome can be guaranteed.

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    Our FAQ

    Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 310-361-3068 today!

    • Should I Hire A Torrance Juvenile Attorney For My Child?

      Absolutely.

      The right counsel can help you avoid pitfalls that may arise in the case, such as the juvenile court’s determination that the case is serious enough (i.e., felony) to justify your child being charged and tried as an adult. If your child is tried as an adult, his or her case is moved to adult criminal court, and if convicted, may go to prison with adult offenders.

      The defense lawyers at Ernenwein & Mathes, LLP, have handled over 1,000 juvenile cases over the course of their combined 60 years of experience. We will make every possible effort to allow your child to remain in juvenile court. We can attend your child’s fitness hearing, where the court makes the decision regarding whether to try your child as an adult or a juvenile. Psychiatric reports, probation reports and legal arguments can be arranged to help convince the juvenile court to retain its jurisdiction over the minor.

      As Robert Ernenwein is a former Los Angeles deputy district attorney, the lawyers at Ernenwein & Mathes, LLP, know the criminal process inside out, giving them a distinct edge when they represent you in court. They are well-respected and well-known by Los Angeles prosecutors and judges.

      If your child has been charged in a criminal case, contact Ernenwein & Mathes, LLP, Los Angeles and Orange County criminal defense lawyers today at (310) 361-3068 for a free case review.

    • What Kind Of Punishment Will My Child Received If She Or He Is Convicted?

      Generally, punishments fall into four different categories. First, your child may be sent home on probation. Second, the juvenile may be sent to a placement facility within the community, such as a boys’ or girls’ home. Third, the juvenile may be sent to a camp facility. The camp may be a short-term camp and last as little as four months or as long as 12 months. Finally, your child may be sent to DJJ, which is a juvenile version of an adult state penitentiary.

    • If My Child Is Convicted, Will The Conviction Remain On His Criminal Record?

      If you hire us, we will try to get your child’s case deviated out of the criminal justice system through deferred entry of judgement or to seek informal probation with dismissal or a dismissal after formal probation. If we can secure these as conviction/sentencing options, the offense will not go on his or her criminal record. If a plea of no contest or conviction occurs in a case, the record can be sealed after the juvenile’s 18th or 21st birthday.

    • My Child Has Been Taken Into Custody. What Can He/She Be Charged With?

      Depending on the seriousness of the charged offense, the prosecutor can file either misdemeanor or felony charges. If a minor is convicted of a misdemeanor, he will be placed on probation, detained in a juvenile facility, such as a boot camp or a ranch, ordered to pay a fine or a combination of these punishments. If the minor is convicted of an infraction, such as a motor vehicle violation, he or she will usually be punished with a fine.

      However, the minor will face much more severe consequences if he is convicted of a felony. The court may sentence to incarceration in a state institution, such as the Division of Juvenile Justice (DJJ), which is the equivalent to a state prison sentence for adults. In addition to or in the alternative, the court may order house arrest (electronic monitoring), commitment in a youth center, probation, parole or undergoing treatment programs.

      There are rules and procedures that are unique to the California Juvenile Court and, therefore, make it very different from adult criminal court. For instance, juveniles are not entitled to jury trials (the theory being that, since juveniles are being rehabilitated rather than punished, they are not entitled to all protections otherwise afforded adult criminals). Juveniles also have no right to bail.

    • If You Were Not Drunk When The Fatal Crash Occurred
      Even if you were not drunk when the accident took place, you could still be charged with vehicular manslaughter. The prosecution will need to show that you committed an unlawful act while driving and were grossly negligent. For example, if you were speeding or driving recklessly, it could be considered an unlawful act. Gross negligence could come into play, too, which basically means you disregarded the safety of others.
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