DUI Defence by San Diego Lawyer
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Being arrested and charged with a DUI can be a very serious offense and may result in harsh punishments. There are a variety of factors and circumstances that lead to certain types of DUI charges. The number of DUI offenses you have previously acquired, whether there was injury to the other party, or the level of that person’s injury are all factors that determine what type of DUI classification you could be charged with. It is important to know the different types of DUI charges so you are educated on what constitutes each type, the available defenses that could be applicable in your case, and the scope of possible penalties and sentences you could be facing.
Different Levels of DUI Offenses
Each time a person has been arrested and charged with a DUI, the level of offense increases. Meaning, for example, if it is your first offense, you will be charged with a 1st Offense DUI, and if it is your third, you will face 3rd Offense DUI charges. However, this only applies if the prior conviction was within 10 years of the new offense that you are charged with. The level of penalty and amount of fine also increases with each offense. Some possible consequences an individual may be faced with are suspension of driving privileges, lofty fines, probation, and jail time. Whether it is your 1st offense, or you have multiple DUI’s on your record, you have options and an experienced San Diego DUI Defense Lawyer can help you achieve the most favorable outcome.
Vehicular Manslaughter DUI and Felony DUI
Regarding Vehicular Manslaughter While Intoxicated, the level of charge classification depends on the level of negligence with which a person acted. If you acted with gross negligence, you will be charged with a felony under Penal Code 191.5(a), which leads to a sentence in state prison of four (4), six (6) or ten (10) years. However, if you acted with ordinary negligence, you will be charged with Penal Code 191.5(b) ordinary vehicular manslaughter while intoxicated. Ordinary Vehicular Manslaughter While Intoxicated under 191.5(b) is what California calls a “wobbler” charge; meaning, it can be classified as either a misdemeanor (up to one (1) year in county jail) or a felony (16 months, two (2) or four (4) years in prison).
Felony DUI with Injury
You may also be charged with a Felony DUI. A Felony DUI occurs if another person suffers injury or death because you (1) drove under the influence, and (2) either committed an additional vehicle code violation or drove in an otherwise negligent manner which caused someone to be injured. In other words, both elements have to be present, and the additional vehicular violation had to have been committed while you were driving under the influence and your driving caused injury to another person.
Contact Qualified San Diego DUI Defense Lawyer – Ashby C. Sorensen Today
Despite the type of DUI you have been charged with, or whether or not it is your first offense, our law firm is here to help. If you want the best possible outcome for your case, contact a San Diego DUI Defense Lawyer who has the experience you need today. You have legal rights and we are here to protect them. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who will fight vigorously for your rights.
Different Levels of DUI Offenses
Each time a person has been arrested and charged with a DUI, the level of offense increases. Meaning, for example, if it is your first offense, you will be charged with a 1st Offense DUI, and if it is your third, you will face 3rd Offense DUI charges. However, this only applies if the prior conviction was within 10 years of the new offense that you are charged with. The level of penalty and amount of fine also increases with each offense. Some possible consequences an individual may be faced with are suspension of driving privileges, lofty fines, probation, and jail time. Whether it is your 1st offense, or you have multiple DUI’s on your record, you have options and an experienced San Diego DUI Defense Lawyer can help you achieve the most favorable outcome.
Vehicular Manslaughter DUI and Felony DUI
Regarding Vehicular Manslaughter While Intoxicated, the level of charge classification depends on the level of negligence with which a person acted. If you acted with gross negligence, you will be charged with a felony under Penal Code 191.5(a), which leads to a sentence in state prison of four (4), six (6) or ten (10) years. However, if you acted with ordinary negligence, you will be charged with Penal Code 191.5(b) ordinary vehicular manslaughter while intoxicated. Ordinary Vehicular Manslaughter While Intoxicated under 191.5(b) is what California calls a “wobbler” charge; meaning, it can be classified as either a misdemeanor (up to one (1) year in county jail) or a felony (16 months, two (2) or four (4) years in prison).
Felony DUI with Injury
You may also be charged with a Felony DUI. A Felony DUI occurs if another person suffers injury or death because you (1) drove under the influence, and (2) either committed an additional vehicle code violation or drove in an otherwise negligent manner which caused someone to be injured. In other words, both elements have to be present, and the additional vehicular violation had to have been committed while you were driving under the influence and your driving caused injury to another person.
Contact Qualified San Diego DUI Defense Lawyer – Ashby C. Sorensen Today
Despite the type of DUI you have been charged with, or whether or not it is your first offense, our law firm is here to help. If you want the best possible outcome for your case, contact a San Diego DUI Defense Lawyer who has the experience you need today. You have legal rights and we are here to protect them. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who will fight vigorously for your rights.
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