DUI causing an injury FAQ- california vehicle code 23153

DUI Causing an Injury FAQ – California Vehicle Code Section 23153

What if I was the only one injured?

You cannot be charged with a DUI causing injury under California Vehicle Code Section 23153 if you were the only one injured. To be convicted, the crime requires an injury to occur to another person other than the driver.

What if the people in the other car were not injured, but only my passenger was injured?

You can still be charged and convicted of a DUI causing injury under California Vehicle Code Section 23153. The crime only requires another person to be injured. There is no requirement someone in a different vehicle must be injured.

What constitutes a “legal duty” for a charge of DUI causing injury?

There are a number of duties that drivers must uphold to maintain safe driving for everyone. Any vehicle code violation that causes injury may serve to fulfill a neglect to fulfill a “legal duty.” One of the more common duties that is breached in these types of cases is the drivers duty to exercise ordinary care at all times and to maintain proper control of the vehicle. This duty is usually breached when the driver is driving under the influence and ends up getting into an accident. From the accident, another person is injured. Therefore, the driver failed to perform a legal duty and a DUI causing injury will be charged.

If the blood test shows that I had a BAC of 0.08%, does that mean I will lose my case?

Having a test result showing that you had a BAC of 0.08% does not mean you will automatically lose your case. However, if a chemical test of the defendant’s blood within three hours after driving reveals a BAC of 0.08%, the courts will presume that the defendant had a BAC of 0.08% at the time the defendant was driving. This presumption, however, is not set in stone and can be rebutted by contrary evidence. This means that the burden will shift to the defendant to raise a defense and argue that their BAC was not over 0.08%. See our Defenses section.

If the person administering the test failed to follow the proper testing procedures, does that mean I can get my test results dismissed and automatically win my case?

A failure to follow testing procedures does not automatically win your case. Failure to follow regulations in administering tests goes to weight, not admissibility. This means that the evidence will still be admitted, but the defendant will have a chance to cross-examine the person who administered the test and highlight the prosecution’s weak evidence against you. This is why it is important to have an experienced DUI attorney representing you. It could make the difference between winning and losing your case.

What are the possible reduced charges for a charge of DUI causing injury under California Vehicle Code Section 23153?

An experienced DUI attorney would first try to dismiss all of your charges. If the charges cannot be dismissed entirely, an attorney can negotiate with the prosecution to reduce a felony charge to a misdemeanor charge. Another possible reduced charge would be a misdemeanor DUI without an injury under California Vehicle Code Section 23152.

What charges will I face if there were multiple victims in a drunk driving accident?

You will be charged with one DUI under California Vehicle Code Section 23153. A defendant cannot be charged with multiple counts of felony drunk driving under California Vehicle Code Section 23153, where injuries to several people result from one act of drunk driving. See Wilkoff v. Superior Court (1985) 38 Cal.3d 345, 352.