Causing an accident is one of the risks that come with drinking and driving. This might infrequently happen but when it does, you could face some serious consequences. Under California Vehicle Code section 23153, the prosecution does not have to prove you violated any specific traffic law if you are involved in an accident when drinking and driving. In other words, if you cause an accident while drinking and driving, you do not have to have been speeding or following too close to be convicted of DUI with Injury. This is a wobbler offense in California, meaning you could be charged with either a misdemeanor or a felony depending on the circumstances and any prior offenses you might have. If this is the case, it is prudent to consult an experienced criminal defense attorney who can evaluate your case details and strategize a defense that could save you from a felony charge. Regardless of how you are charged, you will face the same kinds of consequences of being convicted of a DUI in California, like jail time, fines and probation, in addition to restitution to anyone injured in the accident. Depending on the severity of the injuries sustain, this restitution can be steep. Having an experienced DUI defense attorney by your side can help ensure any errors in the prosecution's argument are identified and that your case is evaluated on only admissible facts. Don't face these serious charges without a strategic and knowledgeable defense.
Have you or a loved one recently been in an accident involving drinking and driving? DUI defense attorney Christopher Martens knows how to best advise you in this scenario, potentially saving you time, money and stress. Serving the Visalia and Fresno areas, The Law Offices of Christopher Martens can provide expert criminal defense counsel. Call our office at 559-967-7386 or email us at MartensLaw@gmail.com for a free consultation.