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Torrance DUI with Serious Injury Lawyer

Protect Your Future and Freedom by Calling Our DUI Attorney

A person who drives under the influence of drugs or alcohol is acting in a way that can be seen as grossly negligent. It isn’t surprising then that California courts are very tough on DUIs. However, when a DUI results in injury, the stakes can be far higher.

When a DUI accident involves injury to another person, the act will be regarded as a far more serious crime. Therefore, if you are driving under the influence and cause injury to someone as a result of your being intoxicated, you will face serious criminal consequences.

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

What Constitutes DUI with Serious Injury in California?

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

  1. You were driving a motor vehicle under the influence of alcohol or drugs. This typically means a blood alcohol concentration (BAC) of 0.08% or higher for most drivers, or 0.04% for commercial drivers. 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 other acts of negligence.
  3. Your actions caused serious injury to another person. The injuries must be significant and directly connected to your driving. Examples of serious injuries include broken bones, head trauma, or injuries requiring surgery or long-term medical care.

A Torrance DUI with a serious injury attorney can evaluate the evidence in your case to determine whether the prosecution can meet these legal requirements.

What are the Penalties for DUI with Serious Injury in California?

DUI with serious injury is typically charged as a wobbler offense, meaning it can be prosecuted as a felony or a misdemeanor depending on the circumstances of the case and your criminal history.

Felony Penalties

If charged as a felony, the penalties may include:

  • Imprisonment: 16 months, 2 years, or 4 years in state prison, with an additional 3 to 6 years for causing bodily harm to another person.
  • Fines: Up to $5,000 in court fines, in addition to restitution to the injured party.
  • Driver’s License Suspension: A suspension or revocation of your driver’s license for up to 5 years.
  • DUI School: Mandatory completion of an 18- or 30-month DUI education program.
  • Strike Under California’s Three Strikes Law: A felony DUI with serious injury can count as a strike offense, impacting future sentencing for subsequent convictions.

Misdemeanor Penalties

If charged as a misdemeanor, the potential penalties may include:

  • Up to 1 year in county jail.
  • Fines up to $5,000.
  • Mandatory DUI education programs.
  • Driver’s license suspension or restrictions.

The severity of the penalties will depend on factors such as your BAC level, whether you have prior DUI convictions, and the extent of the injuries sustained by the victim.

Aggravating and Mitigating Factors

When determining sentencing, the court may consider aggravating and mitigating factors to adjust the penalties.

Aggravating Factors

  • A high BAC level (0.15% or higher).
  • Prior DUI convictions.
  • Injuries caused to multiple victims.
  • Driving with a suspended or revoked license.
  • Hit-and-run behavior after the accident.

Mitigating Factors

  • No prior criminal history.
  • The injuries were minor or not directly caused by your actions.
  • Cooperation with law enforcement.
  • Enrollment in a rehabilitation program or counseling.

A Torrance DUI with serious injury lawyer can present mitigating factors to the court to reduce the severity of your sentence.

The Role of a Torrance DUI with Serious Injury Attorney

Facing DUI with serious injury charges is a daunting and complex process. Our experienced attorney can provide essential legal representation by:

  • Conducting a Thorough Investigation: Reviewing police reports, accident reconstructions, and medical records to uncover weaknesses in the prosecution’s case.
  • Negotiating Plea Bargains: Working with the prosecution to potentially reduce your charges to a lesser offense, such as a misdemeanor DUI or reckless driving.
  • 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 outcomes and the best course of action for your situation.

A Torrance DUI with serious injury attorney is dedicated to protecting your rights and achieving the best possible result in your case.

Contact Our Torrance DUI Serious Injury Lawyer

Hiring a highly knowledgeable and experienced Torrance criminal defense attorney who will aggressively challenge a DUI is vital to your future. Our law firm has served those in the area for over 80 years and has built a highly respected reputation.

We are never daunted and are always ready to go to trial to defend our clients when the case requires it. You can have confidence that you will be in highly qualified hands should you choose counsel from our firm to represent you.

Trust a team that has been serving the community for decades. Speak with our lawyers at (310) 361-3068 or fill out this online form today!

Frequently Asked Questions

Can a DUI with serious injury be reduced to a lesser charge?

Yes, it is possible to negotiate a reduction to a lesser charge, such as reckless driving, depending on the circumstances of the case. A Torrance DUI with serious injury lawyer can evaluate the evidence and work with the prosecution to explore this option.

Will I lose my license after a DUI with serious injury?

A conviction for DUI with serious injury can result in a license suspension of up to 5 years. You may be able to apply for a restricted license or contest the suspension through a DMV hearing.

How long does a DUI with serious injury case take to resolve?

The timeline varies depending on the complexity of the case. It can take several months to over a year, especially if the case goes to trial.

Can I avoid jail time for a DUI with serious injury?

While jail time is a common penalty, alternatives such as probation or house arrest may be available in certain cases. Presenting mitigating factors can help reduce the likelihood of incarceration.

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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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