The results of a DUI accident can be serious but the results of a DUI accident with injury can be even more consequential.
If you find yourself in the position of facing a DUI under California Vehicle Code 23153, it is imperative that you fully comprehend the entirety of the situation and the allegations you are facing. The code states that it is illegal to operate a vehicle while engaging in any other form of conduct that is already forbidden by law. This includes the act of driving under the influence of alcohol of drugs.
Prosecution
In a situation where prosecution of a DUI accident with injury arises, several charges may be brought about by the prosecution. On top of a traditional DUI, under California Vehicle Code 23153, a motorist can face several other charges. To successfully prove a traditional DUI violation one of these must occur while driving:
- Having a blood alcohol content (BAC) of 0.08% or higher
- Being under the influence of drugs
- Being under the influence of a combination of drugs and alcohol
However, to successfully prove a violation under California Vehicle Code 23153, three major components must be shown. These consist of:
- The driver successfully violated the state’s DUI laws
- While also under the influence, the driver also successfully violated another traffic law
- The driver’s actions resulted in the injury of another
Misdemeanor vs. Felony
Depending on whether the person charged under California Vehicle Code 23152 has prior convictions or not, their DUI causing injury offense could be classified as a misdemeanor or a felony.
A misdemeanor offense can result in the following penalties:
- Restitution for damages
- Up to 3-year license suspension
- Required completion of a drug/alcohol education course
- Up to 5-years’ probation
- Up to 1-year in county jail
A felony offense can result in the following penalties:
- 5-year license revocation
- Mandatory drug/alcohol education course
- Up to 4-years in a California prison
- Additional terms of imprisonment for persons who suffered any injuries
Conviction
If you find yourself in the unfortunate situation of facing charges of a DUI causing injury, you must treat the situation with great seriousness and obtain a lawyer as soon as possible.
In certain cases, when facing charge of a DUI causing injury, you may be facing an offense under California Vehicle Code 23153. The severity of these crimes requires you to obtain a lawyer with the background to take your case seriously. If you find yourself facing a DUI charge under California Vehicle Code 23153 in the San Diego area, contact Rick Mueller. Rick Mueller is a California DUI Lawyers Association Specialist and has a proven record to get you the best possible outcome.
Related Offenses for California Vehicle Code 23153
- Vehicle Code 20001 – Felony Hit and Run
- Penal Code 191.5(a) – Gross Vehicular Manslaughter While Intoxicated
- Penal Code 191.5(b) – Vehicular Manslaughter While Intoxicated
One should note that separate charges can be faced on top of a California Vehicle Code 23153 violation.