Felony DUI 23153.
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(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
What does it mean?
This is what is called a Felony DUI. This is where a person has caused injury to another person while driving under the influence. I have seen people convicted of the DUI in this instance with a much lower Blood Alcohol volume, since there was an injury. Many prosecutors feel the "need" to punish these offenders more vigorously since they feel the public would be offended if they were not to do so.
The extent of a penalty will depend on the injuries caused, whether there was loss of life, if there were any additional aggravating or mitigating circumstances, and whether there was a history of previous DUI's. I have seen Felony DUI's get dismissed, and I have seen life sentences. One of those cases was sentenced in November of 2008, and this person will not be eligible for parole for the foreseeable future.
VERY IMPORTANT:
If you are being charged with a felony DUI, the police think you hurt someone while driving under the influence of alcohol. This can be as silly as someone got a bloody nose in your car, to as serious as a DUI death. The law here is basically the same as a misdemeanor, except you hurt someone, and the penalaties are greater. You may also be charged with other crimes, including assault, battery, trespass, and even in some cases burglary.
This is why NO attorney can tell what will happen with your case. Each case is significantly different. Some will be dismissed, some will be plea bargained, and other will go to trial. My opinion is simple, go with your gut when hiring a lawyer. You know when someone is a salesman, and when they are someone you would trust your life with.
I believe you should be able to trust your attorney, don't you?
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