DUI with Injury
The state of California is unique as it has its own statute and set of penalties for DUI offenders that cause injury. The crime can be located under the California Vehicle Code 23153, which states that driving under the influence and causing bodily injury will lead to increased penalties. Depending on the facts of the case, prosecutor may charge a person with a misdemeanor or a felony DUI causing injury.
If you or someone you know has been arrested for DUI with injury, we urge you to call a qualified criminal defense attorney as soon as possible. If you’re convicted of DUI with injury, you’ll face an enhanced sentence and may even be court ordered to pay restitution to the victim and their family. Plus, you’ll have to deal with having an arrest and conviction on your criminal record that could hinder your personal and professional goals. Fight for your rights and future today by retaining legal representation as soon as possible.
DUI Accident with Injuries Attorney in Ventura, California
The first step to building a formidable defense is to understand your charges. By reading this article, you are already taking that first step. Now, it’s time to make the next one by hiring an experienced attorney with Jay Leiderman Law. Our managing attorney, Jay Leiderman, has dedicated two decades to criminal defense and can use his prior knowledge for your case.
Call Jay Leiderman Law to set up your first consultation with Jay Leiderman Law today. Jay Leiderman Law accepts clients throughout the greater Ventura area including Oxnard, Simi Valley, Oak Park, Piru, El Rio, Oak View, Camarillo, Thousand Oaks, Santa Maria, Montecito, Solvang, Carpinteria, Lompoc, and Goleta.
- DUI with Injury California Laws
- Penalties for DUI Causing Injury in CA
- Vehicular Manslaughter in CA
- Additional Resources
DUI with Injury California Laws
You’re probably aware it’s illegal to drink and drive. But were you aware that in California you could receive an enhanced DUI sentence if another person sustained a bodily injury? This law can be found under California’s Vehicle Code 23153. The statute states prosecutors must prove the following elements beyond a reasonable doubt to convict you of DUI with injury.
- You were in violation of California’s DUI laws;
- While driving impaired you broke an additional law or acted in a negligent and reckless manner while driving; and
- Your violation of the law or extreme negligence caused another person to sustain a bodily injury
In California, you’re in violation of their DUI laws if:
- You were under the influence of alcoholic beverages;
- You had a blood alcohol concentration of .08 % or higher;
- You’re under the age of 21 and have a BAC of .01 % or higher; or
- You were driving under the influence of drugs or a combination of alcohol/drugs
DUI with Injury California Sentence
The penalties in California for a DUI causing injury will vary depending on several factors. Those factors include:
- The unique facts of your case; and
- If it’s your first or second DUI within a ten-year period
If you have no prior history of DUI within the last ten years, then you’ll be charged with a misdemeanor DUI with injury. The penalties for a misdemeanor DUI with injury upon conviction is:
- Probation for up to 5 years
- Up to 12 months in jail
- A fine of up to $5,000
- Participation in a court-approved alcohol and drug education program
- A license suspension for up to 3 years unless you install an IID for up to 6 months
- Possible restitution to the victim and their family
Having a history of DUI convictions could reclassify your crime to a felony offense. Driving under the influence in California is considered a “priorable” offense. Priorable offenses, under California law, will have stiffer penalties and sentences if you’ve been convicted of the same or similar offense in the past. Therefore, if you’ve been convicted of DUI or a similar offense three times within the last ten years, then you’ll be facing felony charges.
It’s important to note, any of the following crimes could constitute as a priorable offense:
- A “wet reckless” conviction
- Out of state conviction equivalent to DUI
In addition, a third DUI with injury offense no matter the lookback period will automatically result in a felony. Below are the penalties for a felony DUI with injury in California.
- Up to 4 years in state prison
- An additional and consecutive 3 – 6-year sentence if a victim suffered great bodily injury
- An additional and consecutive 1-year sentence for each person suffering any injury
- A “strike” on your record if anyone suffers a great bodily injury
- Up to $5,000 in fines
- Participation in a court-approved DUI school
- Label as a Habitual Traffic Offender (HTO) for 3 years
- 5-year revocation of your California driver’s license
Vehicular Manslaughter in California
A crime similar to DUI with injury in the state of California is vehicular manslaughter. According to the California Penal Code 191.5b, vehicular manslaughter in context to DUI is when an alcohol-related accident occurs and results in the death of another person. In order to convict you of vehicular manslaughter, the prosecutor must prove the following elements:
- You drove a vehicle while intoxicated or under the influence of a controlled substance
- While driving committed a misdemeanor, infraction, or unlawful act that carried a high risk of serious injury or death
- You committed the unlawful act with ordinary negligence
- This negligent behavior caused the death of another
The term “ordinary negligence” is when a person fails to use reasonable care to prevent any foreseeable harm to themselves or another person. The law considers you negligent if you did something a reasonable person would not do in the same situation or if you failed to do something that a reasonable person would do in that same scenario.
Vehicular manslaughter can be classified as a misdemeanor or a felony depending on your criminal history and the facts of the case. A misdemeanor vehicular manslaughter offense will result in up to 1 year in jail. Felony vehicular manslaughter will result in up to 4 years in prison.
DUI with Injury Laws in California – Visit the official website for the California Legislature to read up on their statute regarding DUI causing injury. Access the site to read relevant legal definitions, the penalties for vehicular manslaughter, and other relevant information.
DUI Statistics in California | SafeTREC Berkeley – Visit the official website for SAFETrec, which is part of the University of California, Berkeley, and affiliated with additional partnerships. They are dedicated to providing free education about driving safely in California and do so by going to schools and hosting events. Check out their site to read up on their statistics for alcohol-impaired driving and how many people are injured or killed by DUI yearly.
DUI Accident Defense Attorney in Ventura, California
Having an attorney on your side can be all the difference in a DUI case. If you or someone you know has been charged with DUI involving injury, then we highly recommend you seek legal representation. Our suggestion? Call Jay Leiderman Law today to get in touch with Jay Leiderman.
With 20 years of experience, attorney Leiderman knows what it takes to defend a person against serious DUI charges. He’s dedicated his whole career to defense, so there is no obstacle in your case he hasn’t faced before. To set up your first consultation, call Jay Leiderman Law at (805) 654-0200.
Jay Leiderman Law accepts clients throughout the greater Ventura County area including Santa Barbara County and Van Nuys.