Understanding the Basics of Consumer, Financial and Personal Injury Law

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Understanding the Basics of Consumer, Financial and Personal Injury Law

Up until nine months ago, I always considered myself above everyone else when it came to having good credit. I paid my bills on time and never went a day late on rent. I became the epitome of what a good consumer should be. But after losing my job after 12 years of faithfulness and hard work, my ego took a hit and so did my credit and finances. Humbled, broke and unable to pay my bills, I decided to file bankruptcy. I couldn't get a job right away and the only way to stay afloat was to start over. My bankruptcy attorney helped me do that. I started this blog to teach you how to come back from a financial and personal disaster with your life intact. I hope that you find the legal counsel you need to rebuild your life as well.

DUI With Bodily Injury: Will You Be Charged With a Misdemeanor or a Felony?

Drinking under the influence (DUI) is a criminal offense with penalties ranging from hefty fines to jail time. If you cause serious bodily injury while driving under the influence, you may be charged with a misdemeanor or a felony. Misdemeanors are less serious offenses, and they attract penalties such as fines and license suspension. Felony charges can attract jail time of up to the maximum time prescribed by state laws. The following four factors can determine your conviction for a DUI with bodily injury.

Proof of Negligence

Driving under the influence is a criminal offense. However, the conviction for the crime would be different if you hadn't caused any bodily injury. Therefore, for the prosecution to charge you with the aggravated charge of bodily injury, there needs to be negligence on your part. Some forms of negligence include:

  • Overspeeding
  • Running a red light
  • Ignoring blind spots when changing lanes
  • Not paying attention while driving

If the injured party was partly or entirely responsible for the accident, your defense attorney could argue for a misdemeanor. For example, if the injured party was intoxicated or was texting while driving, they were also responsible for the accident. Thus, the judge may treat your DUI as a misdemeanor.

Incriminating Evidence

As long as you don't plead guilty to a criminal offense, the prosecution has the burden to prove their case. Therefore, the available evidence can work against or in your favor. For example, were there witnesses to corroborate the claims that you were overspeeding or texting while driving? Is there proof that you crashed into the other driver and not the other way round?

In most DUI cases, the defense attorney will move to suppress the evidence before trial. For example, the blood alcohol concentration (BAC) limit for most states is 0.08%. However, the breathalyzers used by police to measure BAC aren't always accurate. Your attorney can file a motion to dismiss the results based on this inaccuracy. 

Also, factors such as body weight, medical conditions, and medication can affect your BAC level, and your attorney can use these to suppress evidence. Once the judge suppresses key evidence, the prosecution case becomes weak. For example, without conclusive BAC results, you cannot be charged with DUI. Therefore, your case may become a civil incident with lesser penalties.

Procedural Compliance

For the police to charge you with DUI with injury, they need to follow the proper formalities and procedures during the arrest. For example, if you caused an accident while resisting arrest for a DUI, the police must show probable cause for the intended arrest. Were they acting on a hunch, or did they have a reason to suspect a DUI? For example, if you ran a red light or were driving recklessly, there was probable cause for the arrest.

However, if the actions leading to the arrest were illegal, any evidence the police obtain is unusable in court. Your defense attorney can find procedural illegalities in the collection of evidence and use this information to suppress evidence or seek a dismissal. If your attorney fails to win the motion to suppress evidence, they can fight to get you a misdemeanor charge instead of a felony conviction.

Other Aggravating Factors

Certain aggravating factors can make the difference between a misdemeanor and a felony. Causing bodily injury while driving under the influence is an aggravating factor. Other factors include:

  • Previous DUI convictions
  • Driving under influence with an uninsured vehicle
  • Drunk driving with a minor inside the vehicle
  • Existing criminal history, other than DUI

These factors can increase your chances of being charged with a felony. However, if there are no other aggravating factors other than the injury, your attorney can fight to get you the least permissible penalties.

Injuring someone while driving under the influence of alcohol or drugs can attract a severe felony conviction. However, with a strong defense, you can get away with a misdemeanor or a plea deal. Contact a criminal defense attorney for assistance.


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