Charged with DUI with Bodily Injury? You Need an Experienced DUI Attorney on Your Side
While prosecutors and judges in Marin County take all DUI cases seriously, they take these cases especially seriously when they involve accidents resulting in bodily injury. If you are being accused of injuring someone while driving under the influence, you will want to work closely with an experienced Marin County DUI attorney who can help you fight to avoid unnecessary consequences.
DUI with Bodily Injury Can Be a Misdemeanor or Felony Offense in Marin County
In California, DUI with bodily injury can be either a misdemeanor or a felony depending on the specific circumstances involved. When deciding whether to pursue misdemeanor or felony charges, prosecutors consider several factors, including (but not limited to):
- The suspect’s blood alcohol concentration (BAC)
- Any other evidence of drug or alcohol impairment
- The severity of the accident and any other factors involved
- The severity of the victim’s injuries
- The suspect’s prior record of DUIs (if any)
Whether you are facing a misdemeanor or a felony will determine the specific penalties that are at stake in your DUI case. In all cases, however, a conviction for DUI with bodily injury can lead to:
- Jail (or prison time)
- Probation
- Fines and other financial costs
- Driver’s license suspension and mandatory ignition interlock device (IID) installation
- Mandatory DUI School and other penalties
Then, there are the “collateral” consequences of a serious DUI conviction. If you have a DUI with bodily injury on your criminal record, this can also lead to:
- Increased auto insurance premiums and surcharges (which can cost you thousands of dollars per year)
- Difficulty finding a job (regardless of whether you drive for work)
- Professional licensing consequences (including suspension or debarment)
- Academic consequences (including suspension or expulsion)
- Immigration consequences (including detention and removal)
All of these are reasons to put an experienced DUI attorney on your side. At Brownstein Law Group, P.C., our attorneys rely on extensive experience to fight for our clients in high-stakes DUI cases. If you are facing charges for DUI with bodily injury in Marin County, we can fight to protect you by all means available—and we are fully prepared to take your case to trial if necessary.
5 Key Stages of a DUI with Bodily Injury Case
When you hire a DUI attorney at Brownstein Law Group, P.C. for your DUI with bodily injury case, your attorney will fight to secure a favorable result on your behalf as efficiently as possible. While this might mean going to trial, you could also have viable options for seeking to resolve your case during the pre-trial phase.
As with all types of DUI charges, the options you have available will depend on the specific circumstances of your case. Your attorney will evaluate your options at every stage, and will help you make informed decisions about how to proceed based on the specific circumstances at hand:
1. Investigation and Discovery
Conducting a thorough investigation is critical in DUI with injury cases. Can prosecutors prove you were driving under the influence? Can they prove you caused the accident? Both of these are critical questions, and answering them will be key to deciding how best to approach your defense.
Along with conducting a thorough investigation, your DUI attorney will also be able to take discovery. This is the process through which you get to find out what evidence prosecutors have in their possession. Your attorney can request all evidence that supports the prosecution’s case and that raises questions about your guilt—and obtaining this evidence can be key to making strategic decisions about your defense as well.
2. Pre-Trial Motions
If prosecutors don’t have the evidence they need to secure a conviction, if exculpatory evidence is available, or if the state’s evidence against you is inadmissible in court, these are all issues that you can—and should—raise at the pre-trial stage of your case. Your attorney will be able to file the appropriate motions on your behalf; and, if successful, these motions could result in a dismissal prior to trial.
3. Plea Deal Negotiations (if Warranted)
If you can’t get your DUI with injury case dismissed prior to trial, it may be worth considering whether a plea deal is in your best interests. While negotiating a plea deal can mitigate the consequences of your arrest and allows you to avoid the inherent uncertainty of trial, it also results in a stain on your permanent record. Whether or not this is the best option under the circumstances at hand is a decision that only you can make. Your attorney can provide advice; and, if you decide to seek a plea deal, your attorney can negotiate with the prosecutor’s office on your behalf.
4. Trial
Regardless of the facts of your case, you have the right to fight for a “Not guilty” verdict at trial. If you decide that the best option is to take your DUI with bodily injury case to trial, your DUI attorney at Brownstein Law Group, P.C. will use the available evidence (or lack thereof) to argue that prosecutors cannot meet their burden of proof.
5. Sentencing
If avoiding a “Not guilty” verdict isn’t in the cards, your case will proceed to sentencing. At sentencing, your attorney can use the unique facts of your case (including any counseling or other rehabilitation efforts you have undertaken since your arrest) to argue for a lenient sentence that provides you with a chance to move on from your conviction in the future.
Discuss Your DUI with Bodily Injury Case with Marin County DUI Attorney Josh Brownstein for Free
Are you facing a DUI with bodily injury case in Marin County? If so, we can help, but it is important that you contact us promptly. To discuss your case with experienced Marin County DUI attorney Josh Brownstein for free, call 415-965-6183 or request a free initial consultation online today.