A first-time DUI offense typically results in a 30-day license suspension, six months with an ignition interlock device, and a restricted license that allows travel to and from work or school and any alcohol-related program.
If an injury was involved in a DUI accident and the police do not know how severe the injury is, they will usually arrest the person, place a $100,000 bail on them, and then send them into court.
If the prosecutors don't believe that the injury is bad enough, then they won't file a felony DUI, but this can be hard to determine due to privacy reasons.
A DUI attorney can ensure that all the stops are pulled out to obtain the best possible resolution. For example, they may be able to get a 30-day suspension versus a much longer break, which the DMV is undoubtedly able to dole out under the appropriate circumstances.
Will I Go To Prison If Convicted Of DUI?
Before receiving a DUI conviction in Los Angeles County, an individual should obtain an attorney to begin building an argument for why they should not be given a prison sentence.
Several factors are involved in a DUI with an accident case, all of which must be considered by a criminal defense attorney.
In determining whether a DUI with accident defendant will go to prison, the severity of the injuries caused will be considered.
If the injuries were just soft tissue injuries and the defendant has no prior record, they probably wouldn't go to prison.
If the severity of the injuries amounts to what's deemed significant bodily injury, they likely will face prison time.
A defense attorney will be in the best position to determine whether prison time will be likely under any particular set of circumstances.
In Los Angeles County DUI cases, I'm usually able to tell my clients what's likely to happen, provide insight into the tendencies of the prosecutors and judges involved in their case, and explain what they need to do to put themselves in the best position moving forward.
Can An Accident Reconstruction Expert Help Me?
Accident reconstruction experts can be quite effective in DUI cases, but hiring one is not always the best move. The cases that most benefit from an accident reconstructionist's expertise involve questions surrounding who was at fault for the accident.
Determining the cause of DUI with accident cases is critical. If an individual did not cause an accident, they would not be held responsible for any of the injuries that resulted from the accident and will not be charged with a felony DUI. Accident reconstruction experts can make solid scientific arguments showing that the alleged at-fault party did not cause an accident.
Will Charges Be Dropped If It Can't Be Proven I Caused The Accident?
Except receiving a fourth DUI, felony DUI charges only come into play when it can be shown that the defendant caused injuries.
This means that if the prosecutor cannot prove that someone was responsible for an accident and injury related to a DUI, then they're not going to be able to charge a felony.
Furthermore, if a defense attorney can prove that their client did not cause the accident, they should not have to pay for any damages related to the other vehicle, medical bills, or pain and suffering.
However, the client will still receive a DUI if their alcohol level is 0.08 or greater or if it can otherwise be shown that they could not safely operate a motor vehicle under Vehicle Code Section 23152(a) and Vehicle Code Section 23152(b).