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.

For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.