If you are charged with causing an accident that resulted in another person’s injuries as the result of driving under the influence, you could be charged with the increased offense of DUI with injury. Depending on the circumstances of the accident and your criminal record, you could be charged with either a misdemeanor or felony. The consequences of conviction are very severe, so it is imperative that you retain knowledgeable and effective legal counsel from a Riverside criminal defense attorney as soon as possible to protect your rights and interests.
Misdemeanor DUI with Injury
Felony DUI with Injury
The prosecutor needs to prove that:
We examine all three points to mount our challenge. In the breath test or field sobriety test you were given the police may have violated procedures invalidating the results. As far as you being negligent, the police most likely arrived after the accident and did not see it. They could well have based their decision on false reports or mere speculation. Finally you may not have caused the accident. Perhaps the other driver was responsible by speeding, failing to yield or being inattentive.
If you are facing this serious charge, do not hesitate to retain the proven counsel of our skilled firm. Every case is given the full attention of our legal team, because we know how important the outcome of the case is to you and your family. We are dedicated to providing clients with experienced and aggressive defense against charges of drunk driving, and we are among the few attorneys in the state recognized as Certified Specialists in criminal law. We have years of courtroom experience and an acknowledged record of success.
You owe it to yourself and your future to have top tier defense against these charges. Call our team today!
The amount of alcohol in the blood can also be measured by drawing a sample of the driver’s blood and having a trained technician analyze it in a lab. Though directly measuring BAC, a blood test can be tainted or determined invalid if police or lab technicians fail to follow procedures.
Results may be called into question if:
Did you know that that there’s a California law that says you have already given permission to have your breath or blood tested after a lawful DUI arrest? Under the state’s “implied consent” law (California Vehicle Code §23612), every person who chooses to drive in California is presumed to have given such consent. Because of this law, if you are arrested on suspicion of driving under the influence or alcohol or drugs and you subsequently refuse to take a chemical test (a breath test, blood test or urine test); you could end up being penalized.
Driver’s license suspensions and revocations are typically more severe than those that are given when a person takes and fails a DUI test. For this reason, drivers should keep the implied consent law in mind when they are arrested for alleged DUI offenses.
According to the California Department of Motor Vehicles, or the DMV, a driver who refuses to take a chemical test after a DUI arrest is subject to a one-year suspension of his or her driver’s license, for a first-time refusal. A second refusal within 10 years can result in a two-year driver’s license revocation, and a third or subsequent refusal within 10 years can lead to a three-year revocation. Furthermore, the implied consent law also lists other possible consequences—a fine and required imprisonment if the DUI case results in a conviction.
Were your driving privileges taken away from you for a breath, blood or urine test refusal? If so, there might still be chance to get your license suspension or revocation removed. Our attorneys represent drivers in their DMV hearings, where they can fight to protect their driving privileges.
License suspensions and revocations are sometimes overturned by the DMV, such as when it is shown that: 1) the arresting officer did not have probable cause for stopping the driver, 2) the DUI arrest was not carried out lawfully, 3) the officer did not properly inform the driver of the penalties for a chemical test refusal, or 4) the driver did not actually refuse to take the test.
In addition to assisting with DMV administrative hearings, we also help individuals challenging their actual DUI charges in court. After you bring us your case, we can thoroughly analyze the facts related to your arrest and help you determine you best defense options.
We are among the few defense attorneys in the state who are Certified Specialists in Criminal Law and we are AV rated® by the Martindale-Hubbell® national law directory. From Attorney Paul Grech’s years as a prosecutor and now as a defense attorney, we are intimately familiar with breath and blood test procedures and how to challenge them.
As veteran criminal defense attorneys, our team is experienced in refuting BAC evidence, and we are prepared to aggressively fight for your freedom. We are skilled in spotting violations of procedure breath tests and blood tests, and we will seek to have any invalid or unlawfully gained evidence thrown out in court and move to have your charges dropped.
We urge you to contact our Riverside criminal defense lawyers for a free consultation. You have only 10 days from arrest to appeal your license revocation; do not wait to contact our team.
Let us help answer questions regarding your case.
Law Offices of Grech, Packer & Hanks provide sound legal counsel to those in Riverside and the surrounding areas.
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