DUI Accident Attorney in San Diego
Charged with a Drunk Driving Accident
When a serious auto accident has occurred and a driver tests above the legal limit for DUI (0.08% for adult drivers, 0.04% for commercial drivers, and 0.02% for underage drivers), the assumption is that they caused the accident. Per California Vehicle Code § 23153, any person who is found to be under the influence will be held responsible for any accident in which another party was injured.
DUI accident refers to when a person who is driving under the influence of alcohol or drugs causes a car accident that's injures someone, causes property damage, or leads to the death of another. Any DUI accident, no matter how minor it may seem, may be disastrous to the defendant. A typical DUI with injury charge will include jail time, payment for damages caused, and loss of driving privileges.
Why Should You Call On JD Law for Counsel?
Attorney James N. Dicks has been in the criminal field since 1977. With a background in law enforcement, he is extremely qualified to handle your case. By gathering evidence, recreating the accident and investigating the scene, he and his staff may be able to secure a favorable outcome.
Just a few more reasons that set our firm apart:
- We have more than 30 years of experience.
- Attorney Dicks is a board certified criminal law specialist.
- Attorney Dicks is a former police detective.
- We have tried hundreds of criminal law cases.
Do not wait another moment to start working on your defense; fill out a free case evaluation today to take the steps you need to protect your future.
Penalties for a DUI with Injury
The penalties imposed will be based upon the facts in your case, and whether the prosecutor has filed misdemeanor or felony charges. In cases of serious injury, you can expect a felony.
The penalties imposed can include the following for a felony charge:
- Up to 4 years in state prison
- Additional 3–6 years for cases of severe bodily injury
- Additional consecutive 1 year in prison for each victim injured in the accident
- Potential for a "three strikes" sentencing
- 18–30 months of mandated DUI treatment
- Up to $5,000 in fines
- 5 year driver's license revocation
Misdemeanor charges can also carry severe penalties. These include the following:
- Up to 3 years of probation
- Up to 1 year in jail
- Up to $5,000 in fines
- Up to 18 months court mandated alcohol treatment program
- Minimum of 1 year license suspension
- Restitution to the injured (costs vary)
Building an Effective Defense for DUI Accident Cases
The types of issues that could lead to a dismissal, reduction, or acquittal include:
- Blood testing incorrectly administered (plasma tested only)
- Weather conditions that may have contributed to the accident
- Faulty accident investigation identifying the wrong party as responsible
- Police errors in any aspect of the case
- Lab errors when testing breath or blood evidence
- Errors in chain of custody of blood sample
- Medical conditions impacting BAC test results
At JD Law, we have some unique qualifications and credentials that could prove to be extremely important in your defense. Each case is given the full attention of our lead San Diego criminal attorney, who has been working in the criminal field since 1977. The goal is to seek out any error in the prosecution's case.
Defending DUI Accident Charges in San Diego, CA
If you have been charged, the prosecution will need to prove a number of factors to secure a conviction. This is where our firm comes in; we are prepared to relentlessly advocate on your behalf.
The other side must be able to prove that:
- You were actually driving the vehicle.
- Your blood alcohol concentration (BAC) was 0.08% or above.
- You violated a traffic law or displayed negligent / reckless conduct while driving.
- The accident caused injury or property damage.
If one or more of the above factors is not true, we can fight to get your charges lessened to simple DUI or dropped altogether. Instead of facing a sentence of up to several years in a California state prison, you may be able to receive alternative sentencing or have your case dismissed!
Hiring an experienced San Diego criminal attorney should be your first step after being charged with DUI. Fill out a free case evaluation to get started.