It could be either and is entirely up to the prosecutor. You could face VC 23152 misdemeanor, VC 23153 misdemeanor, or VC 23153 felony, so there are 3 possibilities. It is good you have a low BAC. You need a lawyer who will be in contact with the prosecutor ASAP.

Answer Applies to: California
Replied: 10/6/2010

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It can be either a felony or a misdemeanor depending on the the discretion of the DA.

Answer Applies to: California
Replied: 10/6/2010

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This type of case is a wobbler. It can be charged as either depending on the degree of injury and the circumstances of the case. With a low BAC, you may have defenses to the matter and you need to speak to an attorney about the specifics of your case. Call my office for assistance.

Answer Applies to: California
Replied: 10/6/2010

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DUI with an injury can be charged as either a felony or misdemeanor. It is not enough that there by property damage; there must be a bodily injury.

Answer Applies to: California
Replied: 10/6/2010

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It can be charged either way, at the discretion of the prosecutor. The degree of injuries to the others, the seriousness of the accident, your blood alcohol concentration, and many other factors will be considered in the filing decision. Once filed, it is possible to have it reduced. You should immediately see a criminal lawyer experienced in DUI and DMV matters. You must take a step with the DMV within 10 days of your arrest or you lose substantial rights. If you would like to talk to me about it, don't hesitate to call. I offer free consultations. Good luck.

Answer Applies to: California
Replied: 10/6/2010

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There is no way to tell if they will charge you with a felony or misdemeanor. A few indications might be whether the bail they set was high, whether the other party was badly injured and perhaps transported by ambulance, or whether you have priors. These things tend to indicate that you will have a felony charge, but are not conclusive. If the person hit dies the next day from a hemorrhage from his head hitting the dash, the DA can always charge it up- and will! The best thing you can do is retain counsel because of the severity of the charge and the likelihood that, felony or misdemeanor) you will be dealt with as a public menace.

Answer Applies to: California
Replied: 10/6/2010

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A DUI with injury could be either a misdemeanor or felony depending on value of damages and whether someone was hurt. Since your BAC was only a .09, you should have an attorney handle. An attorney could get the injury settled and dismissed; and the DUI reduced to a reckless driving.

Answer Applies to: California
Replied: 9/5/2010

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You did not say what the injury was. An injury in a DUI is an enhancement but not always a felony. Contact me with all the facts so we can determine your options together.

Answer Applies to: California
Replied: 9/4/2010

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It can be filed as a misdemeanor or a felony. It is up to the prosecuting agency. However, if the injuries are not severe and it is your first DUI, it will likely be charged as a misdemeanor. Let me know if you have any questions.

Answer Applies to: California
Replied: 9/3/2010

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DUI with injury (Vehicle Code section 25153) is a "wobbler" - meaning it can be charged either as a felony or a misdemeanor at the prosecutors discretion. First, there must be injury they can prove. From what you describe, I assume the injuries, if any, were minor. Although I cannot guarantee it, it sounds like you'll be charged with a misdemeanor.

Answer Applies to: California
Replied: 9/3/2010

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The District Attorney gets to make that call. It sounds like misdemeanor conduct though.

Answer Applies to: California
Replied: 9/2/2010

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DUI with injury is frequently charged as a felony, with potential for serious jail time, fines, loss of license, etc. Your counsel will know how and what to do to best represent you, using whatever credible facts and evidence you may have for motions and defenses at trial, if necessary. Most cases are “plea bargained” to avoid the risk of loss at trial and mandatory sentencing to the full term provided in the law upon conviction. The attorneys job is to get a good “deal” you can live with, or prepare for trial. If serious about doing this right, feel free to contact me.

Keep in mind: when you were charged with DUI, then upon release from jail or booking, you will be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing as well.

Answer Applies to: California
Replied: 9/2/2010

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