Have you been arrested for DUI with injury in Oakland, California? Call the Law Office of Nabiel C. Ahmed at (510) 271-0010 for an initial consultation. Our experienced Oakland DUI with injury lawyer can explain the charges against you, protect your rights, and begin building your defense.
A DUI with injury charge can carry severe consequences, including prison time, substantial fines, a lengthy driver’s license suspension, and a possible strike under California’s Three Strikes Law. The Law Office of Nabiel C. Ahmed has 20 years of experience defending clients against serious DUI charges and understands how to challenge the prosecution’s evidence.
How the Law Office of Nabiel C. Ahmed Can Help After a DUI With Injury Arrest in Oakland, CA
Life can feel unmanageable after a DUI arrest in Oakland, CA. However, what’s important to remember throughout the process is that you’re afforded various legal protections, including the presumption of innocence.
The Law Office of Nabiel C. Ahmed is led by one of the East Bay’s most well-regarded legal professionals. Don’t lose hope about your case until you’ve spoken with our award-winning Oakland DUI lawyer.
When you hire us, we will:
- Review the circumstances of your traffic stop and arrest
- Challenge the accuracy of any chemical testing that was performed
- File motions to suppress improperly obtained evidence
- Gather exculpatory evidence on your behalf
- Negotiate with the prosecution for reduced charges when possible
- Represent you at every hearing and at trial if your case goes that far
We are prepared to defend your rights at every stage of the criminal process. Contact us today to learn more and to set up a consultation with an Oakland criminal defense attorney.
California’s DUI With Injury Law
California Vehicle Code § 23153 makes it illegal to drive while under the influence of alcohol or drugs and, while doing so, commit an unlawful act or fail to exercise ordinary care in a way that results in bodily injury to another person.
This means the prosecution must prove more than just impairment. They also need to show that you did something negligent or illegal behind the wheel and that your conduct directly caused someone else’s injury. If any one of those elements falls apart, the charge should not hold up.
DUI with injury is classified as a “wobbler” under California law. The prosecutor has the discretion to file it as either a misdemeanor or a felony based on the facts of the case in question.
Potential Penalties for a DUI With Injury Conviction in Oakland
The penalties you face will depend on whether the charge is filed as a misdemeanor or a felony, as well as on whether any sentencing enhancements apply (such as for cases where there are multiple victims).
A misdemeanor conviction can result in:
- Up to one year in county jail
- A fine of up to $1,000
- A driver’s license suspension
- Mandatory completion of a DUI education program
- Restitution payments to the injured party
A felony conviction carries significantly harsher consequences:
- Up to four years in state prison
- A fine of up to $5,000
- Revocation of your driver’s license
- Formal probation
- Mandatory enrollment in an 18 to 30-month DUI program
- Full restitution to all victims
Prior DUI convictions can substantially increase the penalties you face, and repeat offenses are more likely to be charged as felonies under California law.
What Defenses Can Be Raised Against DUI With Injury Charges in Oakland?
The state has to meet the highest burden of proof standard in the law to convict you, giving our trial attorney lots of room to work with in terms of forming an appropriate response.
Common defenses in these cases include:
- You were not actually impaired at the time you were driving
- A medical condition caused a falsely elevated BAC reading on the breath test
- Your BAC was below the legal limit while you were behind the wheel but rose above it by the time testing occurred
- The chemical test was administered improperly or the equipment was not properly calibrated
- The traffic stop itself was conducted without reasonable suspicion
- The accident was caused by road conditions or another driver’s conduct rather than your own
Other defenses may also be available depending on the specific facts of your case. Our DUI lawyer in Oakland will evaluate the evidence and determine which strategy gives you the best path forward.
Schedule a Consultation With Our Oakland DUI With Injury Attorney
DUI with injury charges in Oakland should be taken seriously, but remember that an arrest is not a conviction. You have every right to fight back with help from our trusted legal team.
At the Law Office of Nabiel C. Ahmed, our Oakland DUI with injury lawyer has spent 20 years defending clients in the area and is confident that we can help defend you as well. Contact us today to schedule your initial consultation.
