California law treats DUI offenses seriously, imposing significant penalties designed both to hold offenders accountable and to deter driving with impaired by alcohol or drugs. A California DUI can become significantly more serious when another person is injured. California Vehicle Code § 23153 is the law that addresses driving under the influence when the driver’s impairment caused bodily injury to someone other than the driver. Unlike a standard DUI, a conviction under this statute can expose a person to felony-level punishment, even when it is their first DUI-related offense.
If you are under investigation for a DUI in California, continue reading this article and also reach out to an experienced DUI defense attorney as soon as possible.
What is a DUI Causing Injury?
Driving under the Influence, more commonly referred to as a “ DUI” is a criminal offense that occurs when a person operates a vehicle while being impaired by alcohol, drugs, or other substances. It can apply when a person drives while under the influence of alcohol, drives with a blood alcohol concentration of .08% or higher, operates a commercial vehicle with a BAC of .04% or higher, drives with a passenger for hire while at or above the applicable .04% threshold, drives under the influence of drugs, or drives under the combined influence of alcohol and drugs. In addition, the prosecution must establish that the impaired driver committed an unlawful act or failed to perform a legal duty while driving and that this conduct directly caused another person’s injury.
An injury can take many forms, but it must show that there was a bodily injury. Depending on the circumstances, a collision might result in broken bones, cuts or lacerations, head injuries, concussion, internal injuries, or other physical harm. The seriousness of the injury can also affect the charges, enhancements, and potential sentence.
First-Time DUI Causing Injury Penalties
A first-time conviction under Vehicle Code § 23153 is considered a “wobbler” offense, meaning it may be prosecuted as either a misdemeanor or a felony depending on the circumstances and decision of the Prosecutor. The statutory punishment for a first violation if charged as a misdemeanor includes up to one year in county jail and up to a $1,000 fine. If prosecuted as a felony, however the applicable prison triad is 16 months, two years, or three years.
Any conviction also results in a one-year driver’s license suspension. Driver’s license reinstatement is subject to requirements that may include completion of an approved DUI program. A person placed on probation for a § 23153 conviction often faces three to five years of probation, along with conditions given by the court.
For a first-time conviction, California law also requires a certified ignition interlock device for 12 months. Additional consequences may apply when multiple people are injured. In a felony case, as the law can add one year for each additional injured victim, up to three additional years.
When a DUI Results in a Death
When a DUI accident results in a death, the case may involve charges beyond Vehicle Code § 23153. Depending on the circumstances, prosecutors may pursue DUI Manslaughter charges. This offense will carry greater prison time and penalties than a DUI causing Injury. If you or a loved one is facing charges in California, early legal help is critical.
Contact Legal Help for DUI Causing Injury in California
A DUI causing injury first-offense can have consequences reaching far beyond fines or a driver’s license suspension. The possibility of jail or prison, probation, an ignition interlock device, and additional enhancements make seeking a DUI defense lawyer especially important.
If you have been arrested or charged under Vehicle Code § 23153, an experienced attorney from The Law Office of Nic Cocsi can examine the circumstances of your accident, testing, alleged impairment, and alleged injuries to determine what defenses may be available.
If you have been charged with a DUI, it is essential to begin building a strong defense right away. The Law Office of Nic Cocsi can provide the aggressive and dedicated defense you need. Don’t wait to protect your future and explore your legal options. Contact our office today!
