DUI Causing Injury: California Vehicle Code 23153

DUI Causing Injury: Driving under the influence (DUI) is a serious offense with significant legal consequences, particularly when it results in injury. In California, Vehicle Code 23153 specifically addresses situations where a DUI results in bodily harm to another person. Understanding the intricacies of this law is crucial for anyone facing such charges or wishing to avoid them.

Overview of Vehicle Code 23153

Vehicle Code 23153 in California outlines the penalties and legal implications for individuals who operate a vehicle under the influence of alcohol or drugs and, as a result, cause injury to another person. This section is more severe than the general DUI laws because it involves the added element of causing harm to others. Additionally, DUI causing injury under Vehicle Code 23153 is considered a “wobbler,” which means it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case.

The key elements of Vehicle Code 23153 are:

• Driving under the influence: This includes having a blood alcohol concentration (BAC) of 0.08% or higher for adult drivers, being impaired by drugs (including prescription medications), or a combination of alcohol and drugs.

• Act of violating a traffic law or neglecting a duty: The driver must have violated another traffic law or neglected a legal duty while driving under the influence.

• Causing injury: The driver’s actions must have directly led to bodily injury to another person.

Penalties for Violating Vehicle Code 23153

The penalties for violating Vehicle Code 23153 can be severe and depend on the specific circumstances of the case, such as the extent of the injuries and the driver’s prior criminal history. Since this offense is a wobbler, it can be charged as either a misdemeanor or a felony.

Misdemeanor Charges:

• Jail Time: Misdemeanor DUI causing injury can result in up to one year in county jail.

• Fines: Fines can range from $390 to $5,000, in addition to penalty assessments which can significantly increase the total amount owed.

• Probation: Offenders are typically placed on probation for three to five years, during which they must comply with various conditions such as attending DUI education programs and avoiding further legal trouble.

• DUI School: Attendance at a DUI education program is mandatory. These programs aim to educate offenders about the dangers of impaired driving and encourage responsible behavior.

• License Suspension: The offender’s driver’s license can be suspended for one to three years.

• Restitution: Offenders may be required to pay restitution to the injured parties to cover medical expenses, lost wages, and other related costs.

Felony Charges:

• Prison Time: Felony DUI causing injury can result in 16 months, two years, or three years in state prison. If the injuries are severe, the prison time can increase.

• Fines: Fines can range from $1,015 to $5,000, in addition to penalty assessments.

• Probation: Felony probation may be granted instead of prison time, but it comes with stringent conditions, including longer DUI programs and community service.

• DUI School: Attendance at an extended DUI education program is mandatory.

• License Suspension: The offender’s driver’s license can be suspended for up to five years.

• Restitution: Offenders must pay restitution to the victims for medical bills, lost wages, and other costs.

• Designation as Habitual Traffic Offender (HTO): This designation can result in additional penalties and restrictions on the offender’s driving privileges.

Aggravating Factors

Certain factors can aggravate the penalties for DUI causing injury under Vehicle Code 23153. These factors include:

• Prior DUI Convictions: A history of prior DUI convictions can lead to harsher penalties and may elevate the charge to a felony.

• Severe Injuries: The severity of the injuries caused can impact the penalties. More serious injuries can result in longer prison sentences and higher fines.

• High BAC Levels: Extremely high BAC levels (significantly over 0.08%) can lead to increased penalties.

• Speeding or Reckless Driving: Engaging in dangerous driving behaviors such as speeding or reckless driving at the time of the incident can result in harsher penalties.

Defenses Against Vehicle Code 23153 Charges

Several defenses can be employed to contest charges under Vehicle Code 23153. These defenses may include:

Challenging the Traffic Stop:

• Lack of Probable Cause: If the traffic stop was conducted without probable cause, any evidence obtained during the stop may be inadmissible in court.

• Violation of Rights: If the driver’s rights were violated during the stop, arrest, or investigation, the charges may be challenged.

Questioning Evidence:

• BAC Test Accuracy: The accuracy and reliability of BAC tests can be contested, particularly if there were issues with the testing equipment or procedures.

• Field Sobriety Tests: The validity of field sobriety tests can be challenged, especially if they were not conducted correctly or the driver had a medical condition that affected the results.

Neglect of Duty or Traffic Violation:

• No Violation: Arguing that the driver did not violate any traffic laws or neglect any legal duties can be a defense against the charges.

• Causation: Challenging the assertion that the driver’s actions directly caused the injuries can be a crucial defense strategy.

The Importance of Legal Representation

Facing charges under Vehicle Code 23153 is a serious matter that requires skilled legal representation. An experienced DUI defense attorney can help navigate the complexities of the legal system, build a strong defense, and work towards the best possible outcome for the case.

A knowledgeable attorney can:

• Evaluate the Evidence: Assess the validity and strength of the evidence against the defendant.

• Negotiate Plea Bargains: Work with prosecutors to negotiate reduced charges or penalties.

• Represent in Court: Provide representation in court to ensure the defendant’s rights are protected and present a robust defense.

• Offer Guidance: Advise on the best course of action and help the defendant understand their legal options.

Vehicle Code 23153 addresses the serious issue of DUI causing injury in California. The penalties for violating this code can be severe, ranging from fines and license suspensions to lengthy prison sentences. Understanding the specifics of this law, the potential defenses, and the importance of legal representation is crucial for anyone facing these charges.

Navigating the legal system can be challenging, but with the right legal guidance, it is possible to work towards a favorable outcome. If you or someone you know is facing charges under Vehicle Code 23153, seeking the assistance of an experienced DUI defense attorney is essential to ensure the best possible defense and protection of your rights.