DUI Causing Injury FAQ – Ventura DUI Lawyer VC 23153
Charged With DUI Causing Injury In Southern California?
For over 30 years, our team of DUI defense attorneys at Wallin & Klarich have successfully defended individuals facing charges for DUI causing injury. Speak to one of our Ventura DUI lawyer today for immediate assistance on your case.
(1) If the person administering the test failed to follow proper testing procedures, can I get my test results dismissed and automatically win my case?
A failure to follow proper testing procedures will affect the weight and credibility of the evidence, not the admissibility. The test results may be used in your case, however, you will have an opportunity to cross-examine the test administrator and highlight any deficiencies or inaccuracies in the testing procedure or results. An experienced DUI causing injury lawyer at Wallin & Klarich will ensure that the cross-examination illuminates the most significant flaws in the testing procedures, the testing results, and the prosecutor’s case.
(2) What are the possible reduced charges for a DUI causing injury under VC 23153?
A skilled DUI attorney will attempt to persuade the prosecutor to drop the charges completely. If the prosecutor is unwilling to drop the charges, your attorney may successfully negotiate a reduction, from a felony to a misdemeanor charge. Another possible reduction would be a misdemeanor DUI conviction under VC 23152.
(3) What charges will I face if there were multiple victims in a DUI causing injury accident?
You will face a charge under VC 23153. However, you cannot be charged with multiple counts of felony drunk driving if the injuries resulted from one act of drunk driving.
(4) What if I was the only one injured?
To be convicted of a DUI causing injury, you must cause injury to another person. If you were the only one injured, the charges will not stand.
(5) What constitutes a “legal duty” for a charge of DUI causing injury?
Any vehicle code violation generally constitutes a failure to fulfill a “legal duty.” All drivers have the duty to exercise ordinary care at all times and to maintain proper control of the vehicle. If you are under the influence of alcohol or drugs while operating the vehicle, you are deemed to have violated your “legal duty.”
(6) What if the people in the other car were not injured, but my passenger was injured?
A DUI causing injury charge requires that you caused an injury to another person. The other person may include anyone other than yourself, such as your passenger. You may still be criminally liable for a DUI causing injury if your passenger was the only person injured.
(7) If the blood test shows that I had a BAC of 0.08%, does that mean that I will lose my case?
A chemical test, conducted within 3 hours of your driving, resulting in a 0.08% BAC or greater creates a rebuttable presumption that you had a 0.08% BAC or greater at the time of driving. You may rebut this presumption by presenting evidence showing that your BAC was not 0.08% or greater at the time of driving. Thus, a blood test showing a 0.08% does not by itself mean that you will lose your case.
To clarify any of the above questions, or to inquire about your particular case, please contact the DUI causing injury attorneys at Wallin & Klarich by calling (877) 466-5245 or submitting the intake form at the top of this page.
Why you should hire the DUI defense attorneys at Wallin & Klarich
If you are facing a DUI charge, you should contact the Law Offices of Wallin & Klarich immediately. The skilled criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending DUI cases. Our attorneys will provide you with the most efficient and professional representation from the moment that you retain us. We will scrutinize all of the evidence and use all available defenses in order to provide you with the best opportunity to win your case. With so much at stake, don’t you deserve to the best representation possible?
Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Please call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.