Is any injury a felony,

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.22 bac, have 128 days rehab in court approved program

Attorney Answers

4
Mark Rosenfeld ·
The short answer is no... however this is a very serious case and requires immediate attention. Call an experienced local dui attorney right away.
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Joseph Dane ·
DUI with injury is a "wobbler" and can be charged as either a felony or a misdemeanor. Typically, it is the extent of the injury that will dictate whether a felony will be filed, but if you have priors, an exceedingly high blood alcohol level or the facts are aggravated, they may file a felony with less injuries than normal.
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David Russomanno ·
I concur with my colleagues. With respect to your question the short answer is no. Without more facts, we are looking at a wobbler, that the DA can elect to file as either a misdemeanor or a felony, depending on the specific facts and criminal history. As you likely know already, you should only communicate with your attorney regarding this case to ensure you do not say something that later can be used against you.
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Jennifer Le ·
Generally speaking, the more severe the injuries, the more likely the case will be filed as a felony. Other factors to consider are the B.A.C. and prior DUI's. So in short, no, not any injury constitutes a felony. You may want to speak to some attorneys to share specifics of your case and get a thorough evaluation of what to expect on your case.
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