classic
A DUI charge is one of the gravest charges under California law. A conviction’s resulting penalties and consequences can affect your life for years, including your social and professional lives. The charge is even graver if it causes another person to sustain an injury. You will spend an extended time in jail, pay a hefty fine, and possibly lose your driver’s license to suspension or revocation.
If you face charges for DUI-causing injury in San Diego and would like a favorable outcome, it helps to partner with a competent DUI attorney. A skilled attorney will use the best defense strategies to fight your charges during the trial. They will also defend your rights and offer the support you need during the most challenging time of your life.
Our San Diego DUI Attorney team comprises highly trained and experienced DUI attorneys. We can work with you to compel the judge to reduce or drop your charges.
What is Considered a DUI Causing Injury?
Operating a vehicle while intoxicated is one of the most highly prohibited crimes in California. This is because alcohol and drugs impair your ability to drive carefully and safely. A DUI puts you and other road users at risk of injury or death. It can also result in massive destruction of property. The law provides stiff penalties for anyone found guilty of a DUI. You can face DUI charges for operating a vehicle while impaired by drugs or alcohol or for operating with a BAC level of .08% or higher.
DUI laws in California are diverse. Each law prohibits a particular crime committed while a person is drunk or drugged. A charge for DUI causing injury happens when you are involved in an accident while intoxicated or drugged, and someone is injured in that accident. It is one of the gravest DUI charges you can face in California because of the resulting hefty penalties. However, you can defend your actions and fight your charges during the trial. You can increase your possibilities of enjoying a fair outcome if you fight with the assistance of a skilled attorney.
The legal meaning of a DUI causing injury is under VC 23153. According to this law, a DUI with injury happens when you cause another person to sustain a bodily injury while driving under alcohol or drug influence. The DA must demonstrate all the elements of this crime for the judge to convict you. These elements provide the crime’s legal definition and include the following:
- You operated a vehicle.
- You did so while under the influence of drugs or alcohol
- You committed an unlawful act or failed to perform a lawful act
- Your actions or omissions caused another person to sustain a bodily injury
You Must Be The Driver
The first element the DA must demonstrate to obtain a conviction under VC 23153 is that you were driving a vehicle when the crime occurred. Remember that the law requires the prosecutor to establish this element. If you convince the jury that you were only a passenger in the vehicle, the judge will dismiss your charges. Thus, the prosecutor requires compelling evidence to show that you were the driver during the accident.
You Were Driving While Under Drugs or Alcohol Influence
VC 23153(a) is a DUI crime. The DA must prove that you were operating a vehicle while intoxicated to obtain a conviction.
Remember that you can face a DUI charge for two reasons:
- For operating a vehicle while impaired with drugs or alcohol in violation of VC 23152(a). The prosecutor does not need to provide your BAC test results to obtain a criminal conviction
- For operating a vehicle with a BAC of 0.08% or more (for ordinary drivers) and 0.004% for commercial drivers in violation of VC 23152(b)
If your ability to operate a vehicle is impaired and the police suspect that you are under alcohol or drug influence, they will arrest and charge you with DUI. They can compel you to take a test after your arrest to determine your BAC.
Note that you can still face a DUI charge even if your BAC level is below the legal standard as long as the district attorney can demonstrate that your driving was impaired by drugs or alcohol. You will only face DUI charges under VC 23152(a). However, you will face charges under VC 23152(a) and VC 23152(b) if your driving was impaired and a breath or blood test reveals a higher than standard BAC level.
You Committed an Unlawful Act or Omitted a Lawful Act
This, too, is a critical element of this crime, and the DA must demonstrate it to obtain a guilty verdict. The district attorney can prove that you committed an illegal act, like speeding or careless driving, or you omitted a lawful act, like failing to use ordinary care while driving. Failing to use ordinary care means you could not use reasonable care to prevent an accident or foreseeable injury to someone else.
The district attorney can demonstrate your failure to use ordinary care by proving that you did something that a careful or reasonable driver would not have done in those circumstances. For example, speeding in a busy town or overtaking at a bend. They can also demonstrate that you failed to do something that a careful or reasonable person would do in your situation, like slowing down in a pedestrian crossing or keeping a reasonable distance between you and the driver in front.
You Caused Another Person’s Injury
The DA must also show that someone else sustained an injury due to your actions or inactions. The injury can be minor or severe. However, it must be a direct result of your actions. This means the DA must show that the person could not have been injured were it not for your actions or inaction.
Penalties for DUI Causing Injury
Remember that a DUI in itself is a severely punished offense. Thus, you will likely receive stiff penalties for causing another person’s injury while driving while intoxicated.
VC 23153 is typically a wobbler crime. This means the district attorney can prosecute it as a misdemeanor or felony based on the facts of the case.
The most lenient form of this offense can result in a misdemeanor charge, punishable by the following:
- Summary or misdemeanor probation
- A maximum of one year in jail
- A maximum of $500 in court fines
- Mandatory DUI school
- Suspension of your driver’s license for three years
- A requirement to pay restitution to the injured party
The court can give you a probation sentence instead of jail. However, probation can last up to five years, making it longer than a jail sentence. Probation is preferred because you serve your sentence back in your community and not behind bars. You can work, attend school, care for your family, and enjoy fun while on probation. However, you must abide by strict probation conditions that the judge will set during your sentencing. For example, you must attend a DUI program, pay court fines and restitution, engage in community service, and not commit a crime during this period. You will likely face grave consequences for violating your probation.
If the judge orders you to enroll in a DUI school, you must do so for a particular period and in a court-approved school. You will pay all the necessary charges and be expected to stick to the program. Failure to complete a DUI school is treated as a violation of your probation and can result in grave charges. For example, the judge can cancel your probation and sentence you to incarceration for the needed period.
Driving is a privilege in California. After completing your driving lessons and meeting particular requirements, you receive this privilege from the DMV. A DUI charge can result in license suspension or revocation. It will also trigger an administrative procedure by the DMV, which can lead to license suspension or revocation. If the court or the DMV suspends your license, you will not drive for a while. However, if your license is revoked, you will never drive again in California.
Felony DUI With Injury
A more severe form of DUI with injury will lead to felony charges, punishable by the following:
- A four-year prison sentence
- $5000 in court fines
- A strike under the three strikes law
- A requirement to enroll in a court-approved DUI school
- A designation as a habitual traffic offender
- Possible driver’s license suspension for five years
If the judge sentences you to probation after a felony conviction under VC 23153, you must serve a part of the sentence in a local jail. Felony probation is longer and comes with strict probation conditions. When you violate the probation, the judge will cancel it and sentence you to a state prison for the recommended period under California law.
A felony DUI with injury is a strike offense. It means you will gain a strike in your record if you have none. However, if you already have a strike and this becomes your second, the judge will sentence you to two times the penalties recommended for the offense under California law. If you have already had two strikes and this is your third, you could be sentenced to 20 years or life in prison.
A designation as a habitual traffic offender results in an enhanced penalty. You will likely maintain this designation for three years. A habitual traffic offender will face a mandatory jail sentence on top of the sentence they will receive for the underlying offense. The designation will also earn you some points on your driving record, which can affect your driving privilege.
The DUI school enrolment requirement and your driver’s license suspension are for a more extended period for a felony conviction. A five-year period without driving is very long. You will face severe consequences if you drive or attempt to drive using a suspended license. The DMV can suspend your license if you commit another DUI offense within the suspension period.
How To Fight Your Charges Under VC 23153
The harsh penalties of a conviction for DUI with injury show just how grave this offense is. However, being charged with a crime does not automatically make you guilty. You must go through a fair trial to determine the circumstances and consequences of your violation. You will also be allowed to defend your actions or fight your charges. A skilled DUI attorney can help with your defense. They can protect your rights and fight for your best interests. An attorney can also use some legal defense techniques under the law to obtain a favorable outcome. Examples of these defense strategies include the following:
Fighting the Underlying DUI Charge
Remember that VC 23153 is a DUI offense. This means the first element the DA must demonstrate in your case is that you operated a car while under drug or alcohol influence. A skilled attorney can fight the DUI element of your case to compel the judge to dismiss your charges. If you did not commit a DUI offense, the court cannot convict you of DUI with injury.
Fortunately, there are several strategies your competent DUI attorney can use to fight your DUI charge. Examples include the following:
- You Were Not Driving While Intoxicated
Your attorney can demonstrate that although you were intoxicated by alcohol or high on drugs, you were not driving the vehicle or were not the driver. The DA must prove that you were operating a car at the time of the offense and that you were intoxicated. The judge will dismiss your DUI charge if you were not driving or someone else was the driver.
- The Police Did Not Have Probable Cause
Your attorney can state that the police only stopped you at random and investigated you for DUI. If an officer lacks probable cause for a DUI arrest, the arrest is illegal, and the court will drop your case.
- The Police Violated Your Rights
Your attorney can also state that the police violated your rights or neglected to read your rights. Everyone’s rights must be respected, regardless of the gravity of their criminal charges. An officer should read your rights before a DUI arrest. They must also allow you to exercise those rights during a crime investigation. If your rights were violated, your attorney could compel the court to dismiss any evidence the officers gathered after your arrest.
- Your BAC Test Results are Unreliable
If you face a DUI charge because of a higher-than-standard BAC test result, your attorney can use this strategy to fight your charges. Your BAC test results are only reliable if the police’s breathalyzer was calibrated correctly. You can also fight your BAC test results if the officer who administered the test was not trained to administer such tests.
- Your BAC Result was a False Positive
If you face DUI charges for a high BAC, you can fight your charges if the breathalyzer recorded a false positive. This could be the case if there are underlying factors that could trigger a false positive result. For example, if you use an alcohol-based substance like mouthwash before taking the test or you have GERD, a breathalyzer can show a false positive.
The judge will dismiss your case if your attorney successfully fights your DUI.
No One Sustained an Injury
A charge for DUI with injury requires that someone else is injured due to your actions or omissions. If no one is injured, the judge can reduce your charges. A reduced charge means you will likely face fewer penalties than you would face if convicted under VC 23153.
For example, a first DUI with an injury can result in felony charges if another person sustains a severe bodily injury. The judge can reduce it to a misdemeanor and sentence you to probation instead of incarceration if no one was injured.
You need the assistance of a competent DUI attorney to demonstrate that no one was hurt in the accident. Some people can report severe injuries just to land you into more problems. Your attorney will review their medical records and investigate the cause of their injuries to build your defense.
Remember that even a second and third DUI is a misdemeanor in California. This means you will likely face more lenient penalties for a DUI conviction than you would for a DUI with injury.
You Did Not Commit an Unlawful Act or Omit a Lawful Act
This, too, is a critical element of this offense. The DA must prove that you committed an unlawful act while driving while intoxicated or omitted a lawful act, causing another person’s injuries. If this does not happen, the judge can reduce your charges.
When an accident occurs, people are usually quick to judge that the person who caused the accident violated a traffic law. They can be accused of speeding, being distracted, reckless driving, or running the red light. However, some accidents occur even without a driver violating the law. Your attorney can defend your actions to compel the judge to reduce your charges.
If the district attorney cannot demonstrate that your actions or omission caused an accident in which a person was injured, the judge can reduce your charge to a DUI. You will be penalized according to the number of prior DUIs on your record within ten years.
DUI Causing Injury and Related Offenses
Some offenses under the law are closely related to DUI with injury. The most common of these include the following:
Vehicular Manslaughter While Intoxicated
This offense, under PC 191.5, happens when you cause an accident while driving while intoxicated and cause an accident in which a person is killed. PC 191.5 and VC 23153 are similar in that both prohibit causing an accident while driving while under alcohol influence. However, charges under VC 23153 apply if a person sustains a bodily injury and under PC 191.5 if someone loses their life. This means that PC 191.5 is a graver offense than VC 23153.
Vehicular manslaughter while intoxicated is a straight felony, punishable by up to ten years in prison.
Felony Hit and Run
VC 20001 prohibits felony hit-and-run, which happens when you flee from an accident scene in which a person has been killed or injured. The law requires you to stay after an accident and help the injured, call the police, and exchange insurance information with others in the accident. Leaving an accident scene will lead to hit-and-run charges even if you did not cause the accident.
A felony hit-and-run conviction is punishable by four years in prison and a maximum fine of $10,000.
Child Endangerment
According to PC 273a, you commit child endangerment when you willfully and with criminal negligence expose a minor to unjustifiable suffering, danger, or pain. Since children cannot care for themselves, adults are charged with that responsibility. You can face charges under this statute even if you are not the child’s parent, primary caregiver, or any relative of the child.
The offense is a wobbler, meaning the DA can prosecute it as a misdemeanor or felony. The prosecutor’s decision depends on the facts of your case and criminal history. A misdemeanor is punishable by a year in jail, while a felony is punishable by up to six years.
Find a Brilliant DUI Defense Lawyer Near Me
You must be going through a lot of stress and anxiety if you or a person you love is facing charges for DUI causing injury in San Diego. This is understandable because this is a severely punished offense in California. You could end up in jail for four years and be required to pay a hefty penalty after a conviction. Other consequences of a conviction under VC 23153 are severe. However, you can change the outcome of your case with the assistance of a skilled DUI attorney.
We understand how devastated you must be at San Diego DUI Attorney. We can assist you in overcoming your anxiety by explaining your legal situation and options. We can also defend your rights and help you develop a solid defense. With our assistance, you can force the court to drop your charges or choose a lighter penalty. Contact us at 619-535-7150 to talk more about our services and your situation.
