2 Children Critically Injured In Head-On Crash, Driver Faces DUI Charges
Attorney Matthew Nebeker comments on news item in www.Fox13Now.com about a woman facing multiple felony charges relating to a crash that critically injured two young children Friday.
This is another instance where driving under the influence has altered the lives of many people. The driver in this case is facing some very serious charges. Her single act of driving under the influence has resulted in four DUI charges. Two charges of felony DUI for the two children that were seriously injured, and two Class A misdemeanor charges for the two other passengers in the car. Had she not injured anyone and crashed into a building, she would likely only have been charged with Class B misdemeanor DUI.
It is unclear from the article why there were two misdemeanor charges of DUI because it indicates that the adult driver and the infant were not injured. There is a distinction between serious injury and bodily injury, inflicted by a drunk driver. One is a felony and one is a misdemeanor, and that is a huge deal when it comes to any possible sentence that could be imposed by a court.
The defense in this case will surely be focusing on the extent of the injuries inflicted, if any, to the victims in this case. If the defense can successfully dispute the nature of the injury, and the seriousness of the injury, then there is a possibility of immediately getting the charges reduced. A lot of information will be obtained by the defense at a preliminary hearing. The prosecutor will have to show some evidence of injury in order for the DUI charges to proceed to trial. Depending on the information obtained at the preliminary hearing the defense may then shift the focus of the defense to the breath test results that were obtained. It is absolutely critical to the defense that they make sure the technician was certified to operate the Intoxilyzer machine, and that it was functioning properly at the time of the test. This driver definitely needs the representation of a highly qualified DUI defense attorney.