What happens when you are convicted of a DUI with injury? 12 Answers as of November 02, 2010

My son was the drunk driver in an accident in which the guy in the other car obtained a back injury. Now, my son is facing charges for the DUI with injury, and the guy is suing him because of the back injury, and I wanted to know what kinds of consequences my son is looking at because he refuses to talk to me about any of it, and I am really scared that he will go to jail for a long time.

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Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It is likely the judge will impose a jail sentence. If you hire a good lawyer it may be possible to avoid that but I suggest you act quickly in order to have the best chance. For help or to retain us call us.
Answer Applies to: California
Replied: 11/2/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
This is a enhancement. You need an attorney. I can help.
Answer Applies to: California
Replied: 11/2/2010
Wise Law Group
Wise Law Group | Michael J. Wise, Esq
These cases can be charged as either a misdemeanor or a felony. The DA will look at several factors including prior criminal conduct, degree of recklessness at the time of the collision, miscellaneous social factors and the mindset of the victim. An attorney could greatly assist your son's efforts to convince him that a misdemeanor resolution is appropriate.
Answer Applies to: California
Replied: 11/2/2010
Law Office of Joseph Galasso
Law Office of Joseph Galasso | Joseph Galasso
In California, a DUI with injury is generally filed as a felony. With a felony conviction he could face anywhere from probation, with local county jail time up to 365 days, or 16 months, 2 years or 3 years in prison.

If the back injury is severe they could file a great bodily injury allegation for an additional 3 years in prison. In situations like this ones criminal record or lack thereof is very important and will often determine what his sentence will be. Hopefully, he does not have a prior DUI. Additionally, his blood alcohol level is a great consideration. .08 or higher is the legal limit, thus the higher his BAC the more severe the punishment. Also if he had drugs in his system this may increase the punishment.

Regarding the lawsuit, it is best for him to plea "no contest" instead of guilty.

If you have any questions please contact me
Answer Applies to: California
Replied: 11/2/2010
Donrad Law Offices
Donrad Law Offices | Sean Donrad
He faces jail time possibly. Contact me if you would like a good attorney.
Answer Applies to: California
Replied: 11/2/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    He would be looking at a 23153 without knowing more it could be either a felony or a misdemeanor. If it is a felony there is certainly a greater chance of jail time. Additionally it is very important that if he pleads to this case he needs to plead NOLO as that way the plea deal cannot be used against him in a civil case. If he pleads or is found guilty there will be a restitution order. If there is a disagreement in regards to the amount of the restitution he has the right to challenge the amount in front of a judge. He needs to have an attorney on this kind of matter. If he cannot afford an attorney a public defender will be assigned to him.
    Answer Applies to: California
    Replied: 11/1/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    The range of punishment is so broad that there is no way to predict what will happen to him without the information he won't give to you. He could go to jail for a long time, or he might not go to jail at all. It depends on the facts of the case. The fact that he is being sued and charged with the criminal offense is common, and if he had insurance, not so big a deal. He should really talk to a criminal lawyer BEFORE he is convicted. Most criminal lawyers give free consultations. If the case is anywhere in California, I would be happy to talk to him about it. Good luck.
    Answer Applies to: California
    Replied: 11/1/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    DUI with injury can bring serious consequences depending on the a variable of factors, such as if he has any prior DUIs, if he was on probation at the time of the accident, and how severe the accident and injury are. Additionally, the victim can sue him in civil court for monetary damages as well.
    Answer Applies to: California
    Replied: 11/1/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    VC 23153 can be filed as a felony at the prosecutor's discretion. In other words, time in state prison is a possibility, not to mention a loss of his drivers license. Contact a DUI specialist immediately, as certain aspects of the case (ie. DMV) must be handled timely.
    Answer Applies to: California
    Replied: 11/1/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    A DUI with an injury accident is a felony. While it is unlikely, he could go to prison.
    Answer Applies to: California
    Replied: 11/1/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Hopefully he has insurance for the guy he injured He could face up to 12 months in jail, maybe even longer depending on whether he has a record. But the courts are most interested in seeing that the vic gets compensated so if he has insurance he may get away with probation. But for sure he should have a lawyer and if he cannot afford one, get the Public Defender.
    Answer Applies to: California
    Replied: 11/1/2010
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    He might. Felony DUI [with injury] carries potential prison or jail time. He needs to take this real serious, and hire counsel. If serious about doing so, contact me for the legal help he needs.

    He also needs to turn the claim over to his insurance company immediately. If uninsured, he needs to hire his own attorney for defense. Contact me.
    Answer Applies to: California
    Replied: 11/1/2010
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