Consequences for a DUI Causing Injury in Orange County (CVC 23153)
March 25, 2013

If you are facing charges for DUI causing injury in Orange County, you need to call an Orange County Wallin & Klarich DUI Defense Attorney as soon as possible. The consequences of a DUI causing injury conviction can be severe. Hiring an Orange County Wallin & Klarich DUI Defense Attorney early in your case is the best possible way to protect you from a lengthy jail sentence.

A violation of California Vehicle Code section 23153 occurs when:

  1. You were driving under the influence
  2. You committed an illegal act or neglected to perform a legal duty; AND
  3. Another person was injured as a result of your illegal act or failure to perform a legal duty

When a driver causes injury to another while driving under the influence, he or she will face more severe punishments and penalties than he or she would for a traditional DUI charge under California Vehicle Code section 23152. A more detailed explanation of the sentencing and punishment for DUI causing injury is listed below.

Sentencing for DUI Causing Injury in Orange County

The consequences for a DUI causing injury can be serious. As a “wobbler” offense, a DUI causing injury in Orange County can be charged as either a misdemeanor or felony depending on the facts of your case and your prior criminal history. If the prosecution convicts you of a DUI causing injury, your driving privilege could be suspended for a lengthy period of time.

  • Misdemeanor DUI causing injury is punishable by up to one year in county jail and a maximum $1,000 fine
  • Felony DUI causing injury is punishable by up to 3 years in jail
  • Prior DUI convictions will result in harsher penalties
  • DUI causing injury to multiple victims is a felony punishable by an increased sentence of one year in jail for each additional victim
  • Other fines and fees that the court will impose against you will likely add up to about $2,000

DUI Causing Injury Defenses

Your skilled Orange County DUI Defense Attorneys at Wallin & Klarich can raise a number of defenses on your behalf, including:

You Were Not Driving Vehicle

If you were not the person driving the vehicle when police officers arrested you for a DUI, then you will have a complete defense to your DUI causing injury charge.

You Were Not Impaired

The prosecutor must prove that you were impaired by alcohol, drugs, or both to convict you of a DUI. A skilled Orange County DUI Defense Attorney can argue that you were not impaired, which may lead to your charges being dismissed.

Your Blood Alcohol Content (BAC) Was Under 0.08%

If your BAC was over 0.08% at the time you were driving your vehicle, then you are over the legal limit and may be convicted of a DUI. However, a skilled Wallin & Klarich DUI Defense Attorney can challenge the chemical tests used to determine your BAC and get your DUI charges dismissed.

Emergency Doctrine

If your actions were forced by a sudden emergency situation, you may have a complete defense against your DUI causing injury charge. Your actions will be judged against the reasonable person standard. If a reasonable person who acted with ordinary care and judgment would have done the same thing in your situation, then you may have a complete defense to your case.

No Injury

If no injury occurred to another person during the alleged DUI incident, then you may not be convicted of DUI causing injury. You may still be liable for a DUI.

Probable Cause

The police officer who initially stopped you at the scene must have had probable cause to make the stop. If the officer did not have probable cause, then the traffic stop was likely unlawful and any evidence that resulted may be suppressed.

Improper Testing Procedures

Your Wallin & Klarich DUI Defense Attorney can argue that the police did not follow the proper procedures in administering a chemical test to determine your BAC. For instance, if the officer did not constantly recalibrate the breathalyzer, it may not accurately report your BAC.

Rising BAC

You may be able to prove that you were not over the legal BAC limit at the time you were driving if your BAC was slightly over 0.08% at the time of the BAC reading. Since alcohol takes time to metabolize in your body, the BAC reading may show a higher level of alcohol in your bloodstream even though you may have been under the legal limit five minutes prior to your breathalyzer test.

Mouth Alcohol

If there was still some alcohol in your mouth when you submitted to the breathalyzer test, there may be an inaccurate BAC reading. Burping and vomiting can cause alcohol to appear in your mouth, which could lead to an inaccurate BAC reading.

Miranda Rights

An arresting officer has a legal duty to notify you of your Miranda Rights after you are “in custody.” Before doing so, the officer cannot legally question you. Your Miranda Rights include, without limitation: (1) the right to remain silent and (2) the right to have an attorney present. If you were not read your Miranda Rights, then any incriminating statements you make may be suppressed and deemed inadmissible at trial.

Orange County DUI Defense Attorney

The Orange County DUI Defense Attorneys of Wallin & Klarich have successfully defended DUI causing injury cases for over 30 years. If you or someone you know has been accused of this offense, you need to contact an experienced Criminal Defense Attorney who will carefully review the facts and the law to give you the best representation possible. Our Orange County DUI Defense Attorneys will defend your rights through every stage of the criminal process and contribute crucial legal advice that may help you win your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks.

Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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