A recent report in the San Diego Union Tribune detailed a car accident in Poway that caught the attention of many. The driver was suspected of being under the influence of alcohol. The incident unfolded when a man driving a BMW on Pomerado Road in the early hours collided with the rear of a Honda. Both drivers lost control of their vehicles. The BMW hit a streetlight and a tree. The BMW driver was unharmed, while the Honda driver was taken to the hospital with non-life-threatening injuries, as reported in the article.
What truly caught our attention, however, was the mention of the BMW driver being arrested for “suspected felony drunk driving” in the opening sentence.
What is Felony DUI in California?
In California, felony DUI charges can arise under several circumstances. Commonly, these charges stem from a history of prior DUI offenses, including three or more prior DUI convictions or one or more felony DUI convictions. In the Poway case, the article did not mention the BMW driver having any prior drunk or drugged driving offenses.
This brings us to another basis for felony DUI charges: DUI with injury. This charge involves driving under the influence of alcohol or drugs and committing an act (or failing to do something required by law) that results in injury to someone other than the driver.
DUI Causing Injury – VC 23153
California Vehicle Code Section 23153 defines DUI causing injury. Under VC 23554, DUI with injury is classified as a “wobbler,” meaning it can be charged either as a misdemeanor or a felony. What might surprise many is that the law does not specify exact guidelines for the charge’s classification. Our experience indicates that the more severe the injury, the more likely the charge will be filed as a felony. Similarly, factors such as reckless driving, high levels of intoxication, or dangerous driving behaviors can also increase the likelihood of felony charges.
In the Poway case, based solely on the public information available, we can’t definitively determine why felony DUI charges were filed. Even the San Diego County Sheriff’s Office news release doesn’t clarify the details. Perhaps evidence at the scene suggested that the BMW driver was speeding, supporting a reckless driving allegation. Alternatively, the injuries sustained by the driver of the Honda may have been more serious than initially reported. Whatever the case, the driver facing felony DUI charges needs expert legal representation.
Why You Need Experienced DUI Representation
Felony DUI charges are serious, and a conviction can lead to significant legal consequences, including lengthy prison sentences, substantial fines, and mandatory driving restrictions. If you or someone you know is facing felony DUI charges, it is crucial to seek legal counsel from an experienced criminal defense attorney.
Contact Carolyn L. Oliver | Criminal Defense Law Firm
At Carolyn L. Oliver | Criminal Defense Law Firm, we understand the complexities involved in DUI cases, especially those that involve serious injuries. We are here to help you navigate the legal process, protect your rights, and work toward the best possible outcome.
If you are facing DUI charges in San Diego, don’t hesitate to contact us for a consultation. Call our office at (619) 257-2515 to discuss your case and explore your options.
