A violation of California Vehicle Code section 23153 occurs when a driver causes injury to another while driving under the influence. If the driver causes injury to another, he/she will face more severe punishments and penalties than he/she would for a traditional DUI charge (under California Vehicle Code section 23152).
If you are facing charges for DUI causing injury in Victorville, you need to call a Victorville DUI defense attorney immediately. Hiring a Victorville DUI defense attorney early on in your case is the best possible way to protect you from a lengthy jail sentence.
DUI Causing Injury Prosecution
To convict you of a DUI causing injury charge in Victorville, the prosecution must prove that:
- You were driving under the influence
- You committed an illegal act or neglected to perform a legal duty; AND
- Another person was injured as a result
Punishment for DUI Causing Injury in Victorville
The punishment for a DUI causing injury can be harsh. This offense is considered a “wobbler.” This means it can be charged as either a misdemeanor or felony depending on the facts of your case and your prior criminal history. If you are convicted of a DUI causing injury, your driving privileges could be suspended for a lengthy period of time.
- Misdemeanor DUI causing injury is punishable by up to a 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
Your experienced Victorville DUI defense attorney will work to achieve the best possible result in your case. A skilled Wallin & Klarich DUI defense attorney will attempt to persuade the prosecutor to drop the charges completely. If the prosecutor is unwilling to drop the charges, the attorney may successfully negotiate a reduction, from a felony to a misdemeanor charge. Another possible reduction would be a misdemeanor DUI conviction under California Vehicle Code Section 23152.
Defenses to DUI Causing Injury
Although the punishment for DUI causing injury in Victorville can be severe, there are a number of defenses your Victorville DUI defense attorney can use on your behalf, including:
- Defendant Was Not Driving Vehicle
- Defendant Was Not Under the Influence
- Defendant’s BAC Was Under 0.08%
- Emergency Doctrine
- No Injury
- No Probable Cause to Arrest
- Improper Testing Procedures
- Rising BAC
- Mouth Alcohol
- Failure To Read Miranda Rights
By using some or all of these defenses, your Victorville DUI defense attorney may be able to get your case dismissed.
Victorville DUI Causing Injury Defense Attorney
The Victorville DUI defense attorneys from Wallin & Klarich have successfully defended DUI-Causing an Injury cases for over 30 years. Our Victorville DUI lawyers 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.