This question comes up a lot after someone has been arrested for driving under the influence, or DUI. If you are facing DUI charges, it is easy to feel like you are going to be convicted. Maybe you failed field sobriety tests. Maybe you failed a breath test. Whatever the reason that caused you to be accused of DUI, it does not mean all hope is lost. You have legal options to fight a DUI charge.
A skilled Los Angeles DUI defense lawyer can assist you with asserting your Constitutional Rights and protecting your legal interest.
When talking about successfully challenging a DUI causing injury, let’s look at California Vehicle Code 23153. The code is devoted to driving under the influence of alcohol or drugs and causing an injury. In other words, a driver violates the code when he or she has a blood alcohol concentration, or BAC, level of 0.08 percent or higher and acts negligently while driving and causes an accident. The accident leaves person, not the accused, injured. A driver operating a commercial vehicle may face the same charges. His or her BAC level must only be 0.04 percent or higher to be charged.
The Keys to Challenging Code 23153
When fighting this charge, it is vital to break down the actual offense as outlined in the code. Here is what to look for:
Were you intoxicated? Whether a driver was under the influence of drugs and/ or alcohol at the time of the accident will answer this question. To consider whether you, as the driver of the vehicle, were intoxicated there must be a BAC of 0.08 percent or higher, or your normal faculties were impaired by alcohol and/ or drugs. This will be determined by:
• Blood or breath test.
• Field sobriety tests.
• Arresting officer’s observations.
• Any other evidence.
Remember, it is not enough to just cause a car accident to face a DUI causing injury charge. A prosecutor must actually prove that you were under the influence of alcohol and/ or drugs at the time of the accident.
Did you act negligently or violate a traffic law?
According to the code, a driver must neglect any duty imposed on him or her by law or simultaneously commit a forbidden legal act. These actions will violate this second part of the code. In addition to being under the influence, a driver must have either violated the law or negligently acted to cause another person an injury. This includes acts like:
• Failing to yield.
• Tailgating.
• Speeding.
• Texting while driving.
To secure a DUI conviction, a prosecutor must prove an act was committed. Did the negligent or illegal act above injure the other person?
Maybe you did not cause an injury to the individual. It could have been another person or another cause that did. To prove this element of the code, a prosecutor must show a connection between:
• Your unlawful or negligent act; and
• The person’s injuries.
Fighting the criminal charge of DUI causing injury requires looking at these three vital issues. The approach your defense lawyer takes depends on the circumstances surrounding the criminal charge. However, the primary focus will generally be on challenging whether you were under the influence at the time of the accident. For instance, we will challenge the validity of the officer’s statements, field sobriety tests and chemical tests. We may use the evidence to show that you were not intoxicated at the time of the car accident. Contact the Law Offices of Jonathan Franklin for help with your DUI causing injury case.
