DUI – Causing Injury
In California, driving under the influence (DUI) causing injury is a more severe offense than a standard DUI, and it can be charged as a misdemeanor or a felony depending on the circumstances. This offense is governed by California Vehicle Code 23153. Here’s a detailed breakdown of DUI causing injury in California:
Legal Definition
California Vehicle Code 23153: It is unlawful for a person to drive a vehicle while under the influence of alcohol and/or drugs and, in doing so, violate a law or act negligently, causing bodily injury to another person.
Key Elements of the Crime
To be convicted of DUI causing injury, the prosecution must prove:
- The driver was under the influence of alcohol or drugs.
- The driver violated a traffic law or acted negligently while driving.
- The driver’s actions caused bodily injury to another person.
Penalties for DUI Causing Injury
The penalties for DUI causing injury depend on whether the offense is charged as a misdemeanor or a felony. This decision is based on factors such as the severity of the injury, the driver’s prior DUI history, and the circumstances of the case.
Misdemeanor DUI Causing Injury
- Fines: $390 to $5,000.
- Jail Time: Five days to one year in county jail.
- License Suspension: One to three years.
- DUI School: Three to 30 months of DUI education programs.
- Probation: Three to five years of informal probation.
- Restitution: Payment to the injured party for medical bills or other expenses.
- Ignition Interlock Device (IID): Required for six months to two years.
Felony DUI Causing Injury
- Fines: $1,015 to $5,000.
- Prison Sentence: 16 months to four years in state prison.
- License Suspension: Up to five years.
- DUI School: 18 to 30 months.
- Probation: Formal probation.
- Restitution: Payment to the injured party.
- IID: Required for up to three years.
- “Strike” on Record: A felony DUI causing injury may count as a “strike” under California’s Three Strikes Law if someone suffers great bodily injury.
Penalties for Prior Offenses – If the defendant has prior DUI convictions, the penalties for DUI causing injury will be more severe, including longer prison sentences and longer license suspensions.
Great Bodily Injury Enhancement – If the victim suffers great bodily injury (significant or substantial physical injury), an additional three to six years may be added to the sentence under California Penal Code 12022.7.
Additional Consequences
- Civil Lawsuits: The injured party may also file a civil lawsuit against the driver for damages.
- Insurance Impact: DUI causing injury convictions can lead to dramatically higher insurance rates or policy cancellation.
- Permanent Criminal Record: A felony conviction for DUI causing injury results in a permanent criminal record, which can impact future employment, housing, and other opportunities.
Defenses Against DUI Causing Injury
- No Impairment: Arguing that the driver was not actually under the influence of alcohol or drugs.
- Lack of Causation: Demonstrating that the driver’s actions did not cause the injury (e.g., the other driver was at fault).
- Improper Testing: Challenging the accuracy of BAC or drug tests.
- Violation of Rights: Claiming that the traffic stop or arrest violated the defendant’s constitutional rights.
- Medical Condition: Arguing that a medical condition, rather than intoxication, caused erratic driving behavior.
Seeking Legal Representation
DUI causing injury is a serious charge that can result in life-changing consequences. If facing such charges, it is crucial to have an expert DUI defense attorney protecting your rights.
