Felony DUI Attorney in California Reviews Injury and Death Charges

Section 23153 requires DUI or a prohibited blood alcohol level, plus an unlawful act or neglected driving duty that proximately causes injury to someone other than the driver.

• Separate impairment or BAC evidence from the alleged driving violation.
• Identify the act or neglected duty the prosecution says caused the injury.
• Compare that theory with collision reports, video, vehicle data, and witness accounts.
• Review DUI injury allegations apart from a routine misdemeanor DUI.

Penal Code § 191.5 distinguishes gross vehicular manslaughter while intoxicated from vehicular manslaughter while intoxicated without gross negligence. A murder charge remains possible when facts support implied malice.

• Gross negligence is a separate issue from ordinary negligence.
• Proximate causation remains part of the homicide analysis.
• Prior qualifying convictions can change sentencing exposure.
• Review the homicide count separately from the underlying DUI allegation.

For a person held after arrest, § 825 requires appearance before a magistrate without unnecessary delay and within 48 hours, excluding Sundays and holidays, subject to the statute's court-session rules.

• Confirm whether the person remains in custody.
• Keep bail and release issues separate from plea strategy.
• Use the charging document to identify the offenses actually filed.

For a felony complaint, § 859b generally sets the preliminary examination within 10 court days after arraignment or plea, whichever occurs later, unless the right is waived or good cause supports a continuance.

• The hearing tests whether there is sufficient cause to hold the defendant to answer.
• Custody status affects the consequences of delay beyond the statutory period.
• A personal waiver can change the ordinary timetable.

Penal Code § 1054.1 requires disclosure of specified prosecution material, including exculpatory evidence and expert reports the prosecution intends to offer. Section 1054.7 generally requires statutory disclosure at least 30 days before trial, with immediate disclosure of later-acquired material.

• Review reports, recordings, witness statements, and laboratory material.
• Treat Brady and Giglio duties as federal constitutional obligations, not merely state statutory discovery.
• Defense witness and expert disclosures are governed by § 1054.3.

Penal Code § 1538.5 addresses evidence obtained through an unreasonable search or seizure. A Pitchess motion under Evidence Code § 1043 seeks officer personnel records and generally requires notice at least 10 court days before the hearing.

• A preliminary-hearing § 1538.5 motion generally must be filed and personally served at least five court days before the hearing.
• Breath calibration or toxicology reliability may raise foundation or weight issues instead.
• Preserve testing records rather than assuming every scientific flaw leads to suppression.
• If refusal is alleged, review DUI breathalyzer refusal issues separately.

Section 23153 and § 191.5 both require proximate causation. The defense should compare the prosecution's account with physical evidence rather than treating intoxication alone as proof of who caused the collision.

• Preserve available video, photographs, vehicle data, and scene measurements.
• Compare witness accounts with reconstruction evidence.
• Review medical records when the nature or cause of injury is disputed.

Penal Code § 1054.3 governs defense experts intended for trial, with § 1054.7 generally setting disclosure timing. Sentencing preparation can separately include treatment records, background material, restitution information, rehabilitation evidence, and other relevant circumstances.

• Do not treat Evidence Code § 402 as the general expert disclosure statute.
• Match toxicology or reconstruction testimony to a disputed issue.
• Submit mitigation material under the applicable court schedule.