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Check with seller When DUI Causing Injury? What Action should take to be safe? San Jose

Published date: September 5, 2021
  • Location: San Jose, California, United States

Criminal defense lawyer California law prohibits motorists from driving under the influence of alcohol. If you drive your vehicle while intoxicated and cause an accident that causes injuries to another person, you face DUI causing injury charges. The offense is priorable and a wobbler, but with severe punishment. You could face VC 23153 charges together with VC 23152(a) for driving under the influence, VC 23152(b) driving with a BAC of 0.08% or more, and VC 23152(f) driving while intoxicated (DWI).



These charges carry lengthy sentences, but you can fight against them to receive a favorable ruling. Our lawyers at San Jose Criminal Attorney Law Firm understand DUI laws and help you build robust defenses.


 



Overview Of DUI Causing Injury


 



If you face allegations of driving under the influence and injuring a third party, the prosecutor must prove the accusations before your conviction. The prosecution must prove various elements of the offense, including:


 


* You violated California DUI laws


 


* Besides violating DUI laws, you drove negligently


 


* The negligence and driving under the influence caused harm to someone else


 


If you find yourself accused of driving while impaired or intoxicated, you are guilty if you did any of the following:


* You drove while intoxicated or impaired by alcohol where your physical and mental abilities are compromised


 


* Your BAC was at 0.08% or more as you drove


 


* You operated the vehicle high on d r u g s or on both alcohol and d r u g s


 


San Jose Criminal Attorney Law Firm A 0.08% BAC or more is only applicable to conventional cars. However, if you were operating a common carrier vehicle, you will face DUI charges if your BAC was higher than 0.04%. Various elements that must be proven to receive a conviction must be well understood. Here, we discuss these elements and how they are used in convicting you of this offense.



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