DUI causing an injury sentencing and punishment – california vehicle code 23153

Driving under the influence Causing Injury Sentencing & Punishment: First Conviction: California Vehicle Code Section 23153

Penalties: First Conviction: California Vehicle Code Section 23554

The penalty for a first time conviction of a DUI causing injury is listed under California Vehicle Code Section 23554. DUI causing an injury is a “wobbler.” This means the prosecution has the discretion on whether to charge the crime as a felony or a misdemeanor. A felony conviction is punishable by imprisonment in the state prison for up to three years. A misdemeanor conviction is punishable by imprisonment in county jail for a period of 90 days to one year. A fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000) will be accessed. The persons driving privilege shall be suspended by the DMV for a period of one year pursuant to California Vehicle Code Section 13352(a)(2).

Sentencing: Minimum Probation ConditionsUnder California Vehicle Code Section 23600, if any person is convicted of DUI, a violation of Section 23152 or 23153, and is granted probation, the terms and conditions of probation shall include, but not be limited to, the following:

1. 1. Notwithstanding Section 1203a of the Penal Code, a period of probation from three to five years.
   2. A requirement that the person shall not drive a vehicle with any measurable amount of alcohol in his or her blood.
   3. A requirement that the person, if arrested for a violation of Section 23152 or 23153, shall not refuse to submit to a chemical test of his or her blood, breath, or urine, pursuant to Section 23612, for the purpose of determining the alcoholic content of his or her blood.
   4. A requirement that the person shall not commit any criminal offense.

Additional Conditions of Probation: First ConvictionUnder California Vehicle Code Section 23556, if probation is granted for a first time conviction of a DUI causing injury, in addition to the provision under California Vehicle Code 23600, and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be confined in the county jail for five days to one year and pay a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000).

The persons privilege to operate a motor vehicle shall be suspended by the DMV for a period of one year pursuant to Section 13352(a)(2).

The court shall also impose as a condition of probation that the driver shall participate in, and successfully complete, a driving-under-the-influence program, an alcohol and other drug education program, and a counseling program.

The court shall refer a first-time offender whose BAC was less than 0.20 % to participate in, as ordered by the court, a licensed program that consists of at least 30 hours of program activities, including education, group counseling, and individual interview sessions for three months or longer.

The court shall refer a first offender whose blood-alcohol concentration was 0.20 % or more, or who refused to take a chemical test, to participate in, as ordered by the court, a licensed program that consists of at least 60 hours of program activities, including education, group counseling, and individual interview sessions for nine months or longer.

Driving under the influence Causing Injury Sentencing & Punishment: Second Conviction California Vehicle Code Section 23153

Penalty: Second Conviction Within Ten Years – California Vehicle Code Section 23560Under California Penal Code Section 23560, if a person is convicted of a DUI causing injury under Section 23153 and the offense occurred within 10 years of a separate DUI or reckless driving that resulted in a conviction, the penalties will increase. A felony conviction shall be punished by imprisonment in the state prison for up to three years. A misdemeanor conviction is punishable by imprisonment in county jail for 120 days to one year. The person will also be fined three hundred ninety dollars ($390) to five thousand dollars ($5,000). The persons driving privilege shall be revoked by the DMV for a period of three years pursuant to Section 13352(a)(4). Conditions of Probation: Second Offense Within Ten Years

Under California Vehicle Code Section 23562, if the court grants probation to a person punished for a second DUI causing injury, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows:

1. Be confined in the county jail for at least 120 days and pay a fine of three hundred ninety dollars ($390) to five thousand dollars ($5,000). The persons driving privilege shall be revoked by the DMV for a period of three years pursuant to Section 13552(a)(4).
2. All of the following apply:

1. 1. Be confined in the county jail for 30 days to one year.
   2. Pay a fine of three hundred ninety dollars ($390) to one thousand dollars ($1,000).
   3. The persons driving privilege shall be revoked by the DMV pursuant to Section 13552(a)(4).
   4. Either of the following:
      1. Enroll and participate, for at least 18 months, in a driving-under-the-influence program.
      2. Enroll and participate, for at least 30 months, in a driving-under-the-influence program.

Driving under the influence Causing Injury Sentencing & Punishment: Third Conviction California Vehicle Code Section 23153

Penalty: Third or Subsequent Conviction Within Ten Years – California Vehicle Code Section 23566Under California Vehicle Code Section 23566, if a person is convicted of a third or subsequent DUI causing injury under Section 23153 and the offense occurred within 10 years of two previous DUI or reckless driving convictions, the penalties will increase. A conviction shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of one thousand fifteen dollars ($1,015) to five thousand dollars ($5,000). The persons privilege to operate a motor vehicle shall be revoked by the DMV for a period of five years pursuant to Section 13552(a)(8).

If a person is convicted of a violation of Section 23153, and the act or neglect causes great bodily injury, as defined in California Penal Code Section 12022.7, to any person other than the driver, and the offense occurred within 10 years of four or more separate DUI or reckless driving convictions, in addition to the state prison term of two, three, or four years, that person shall be punished by an additional term of imprisonment in the state prison for three years, and by a fine of one thousand fifteen dollars ($1,015) to five thousand dollars ($5,000). The persons driving privilege shall be revoked by the DMV for a period of five years pursuant to Section 13552(a)(8). See California Vehicle Code Section 23566(b)-(c).

A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years subsequent to the conviction. Being a habitual traffic offender will increase the penalties for certain driving offenses that are committed after being designated.

A person confined in state prison under this section shall be ordered by the court to participate in an alcohol or drug program, or both, that is available at the prison during the persons confinement. Conditions of Probation: Third or Subsequent Conviction Within Ten Years

Under California Vehicle Code Section 23568, if the court grants probation to a person convicted of a third or subsequent DUI causing injury, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least one year, that the person pay a fine of three hundred ninety dollars ($390) to five thousand dollars ($5,000), and that the person make restitution or reparation.. The persons driving privilege to operate a motor vehicle shall be revoked by the DMV for a period of five years pursuant to Section 13552(a)(8).

The court shall also impose as a condition of probation that the person enroll in and complete an 18-month driving-under-the-influence program, or if available in the county of the persons residence or employment, a 30-month driving-under-the-influence program. In lieu of the minimum term of imprisonment of one year in county jail, the court shall impose, as a minimum condition of probation, that the person be confined in the county jail for a period of 30 days to one year.

Driving under the influence Causing Injury Sentencing & Punishment: Enhanced Penalty California Vehicle Code Section 23153

Multiple Victims: Enhanced Penalty

Under California Vehicle Code Section 23558, a person who causes bodily injury or death to more than one victim in any one instance from a DUI causing injury under Section 23153, shall, upon a felony conviction, receive an enhancement of one year in the state prison for each additional injured victim. The maximum number of one-year enhancements that may be imposed pursuant to this section is three.

Although the penalty is enhanced, a defendant can only be charged with one DUI if multiple victims were injured in a single DUI incident.