Huntington Beach, Orange County - A Huntington Beach man is under arrest for DUI with Injury after allegedly causing a crash on Beach Boulevard early Tuesday morning that left five people injured.
The DUI suspect was traveling on Beach Blvd. when the suspect broadsided a SUV knocking it on its side, according to Huntington Beach Police.
Huntington Beach criminal attorney Michael L. Guisti explains since the suspect was allegedly driving under the influence and injured other people prosecutors will likely charge that person with "DUI with injury," which is a "wobbler," meaning it may be prosecuted as either a misdemeanor or as a felony.
One of the major deciding factors in whether or not to charge DUI with Injury as a felony is if the victim suffered great bodily injury, according to Guisti.
Guisti explains that in order to convict the prosecutor must prove three facts, the first, driving while under the influence of alcohol and/or drugs; the second, while driving, breaking a law (in addition to driving under the influence) or acting in an otherwise negligent manner while driving; and third, that unlawful act or negligence injured another person.
If convicted of felony DUI with Injury the suspect faces two-to-four years in prison with an additional and consecutive three-to-six-year prison sentence if any victim suffers great bodily injury, or an additional and consecutive one-year sentence for each additional person that suffers any injury, up to three years maximum, and a "strike" on your record pursuant to California's Three Strike's Law if anyone other than yourself suffers great bodily injury, according to Guisti.
If you or somebody you know have been arrested for DUI you must call the Huntington Beach DUI attorney experts at the Law Office of Michael L. Guisti right away at 714-530-9690.
Just because you were arrested for DUI doesn't automatically mean you're guilty of DUI.
