DUI causing an injury overview – California vehicle code 23153

Under California Vehicle Code Section 23152, driving under the influence (“DUI”) is a serious offense in California. DUI penalties may include jail time, fines, fees, and loss of one’s driving privileges. However, if you are arrested for a DUI and you caused an injury to another person, the crime will have more severe penalties and be charged under California Vehicle Code Section 23153. It is important to speak with a Los Angeles DUI attorney to understand the differences in the law and the punishment for DUI causing an injury.

Under California Vehicle Code Section 23153, the DUI is similar to Section 23152 with the additional element of an injury occurring to another person. The crime is committed when (i) a person drives under the influence, (ii) the person commits an illegal act or neglects to perform a legal duty, and (iii) another person is injured as a result. See California Vehicle Code Section 23153(a). A person is “under the influence” if, as a result of drinking an alcoholic beverage or taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. Under this subdivision, there is no requirement that the drivers blood alcohol concentration (“BAC”) was 0.08% or higher.

You can be charged under California Vehicle Code Section 23153(b) if your BAC is 0.08% or higher. Under this subdivision, the crime is committed when a person drives with a BAC of 0.08% or higher, the person commits an illegal act or neglects to perform a legal duty, and another person is injured as a result.

The penalties are severe for a DUI causing injury to another person. In some circumstances, the crime can be a misdemeanor. In other circumstances, the crime will be a felony. The punishment can increase if there are multiple people injured. It is essential that you speak with an experienced attorney who can provide you with all the available defenses in your case.

You should also be aware of the Department of Motor Vehicles (“DMV”) suspending your drivers license. After an arrest for DUI, the driver has 10 days to schedule a DMV Hearing to contest the suspension of his or her drivers license. A DMV hearing is a process that is separate from the criminal charges. If you do not schedule a DMV hearing, your license will be suspended for a minimum of 90 days and you may not have a DMV hearing in the future.If you or a loved one has been arrested for a DUI causing an injury, it is critical that you speak with an experienced DUI attorney. At Wallin & Klarich, our DUI attorneys have handled all types of DUI cases for over 30 years. Our attorneys are highly knowledgeable on how to fight DUI charges. We also have access to experts on chemical testing who can provide critical input on any inaccuracies that may have occurred. Our attorneys will defend your rights and fight to get you the best possible result in your case. It does not matter what your BAC was. You should speak with an attorney by calling 1-888-749-0034 to see what all of your options are.