The consequences of a DUI conviction that does not cause injury to another person includes possible jail time, a significant term of probation, loss of driving privileges, fines and fees, and a requirement to complete a DUI program. However, a DUI causing injury charge, where someone other than the driver is injured, can result in more severe consequences.
Prosecution for DUI Causing Injury
In California, you may be charged with a DUI causing injury if someone else is injured in an accident as a result of your driving under the influence. If you injure another person because you were driving under the influence, prosecutors will likely charge you with a DUI causing injury under California Vehicle Code section 23153.
To convict you for a DUI causing injury, the prosecutor must prove that:
- You drove the vehicle
- You were impaired by alcohol or drugs, or both alcohol and drugs, while you were driving the vehicle
- You committed an illegal act or neglected to perform a legal duty while driving the vehicle; AND
- Your act or failure to perform your legal duty caused bodily injury to another person
Sentencing for DUI Causing Injury
The punishment for your first DUI causing injury conviction can include up to one year imprisonment in county jail and a court-imposed fine of up to $1,000. Also, the DMV will suspend your driver’s license for one year.
For your second DUI causing injury conviction within 10 years, you will be sentenced to up to one year in county jail and a court-imposed fine of up to $5,000. You will also have your driver’s license suspended for three years.
If you are convicted for your third DUI causing injury conviction within 10 years, you will be sentenced to up to 4 years in state prison and a court-imposed fine of least $1,015 and up to $5,000. The DMV will also suspend your driver’s license for five years.
If you drive while under the influence and cause death or bodily injury to more than one victim, then you will receive a sentence enhancement of up to one year in state prison for each additional injured victim.
In addition to jail or prison sentences and a court-imposed fine, you will be subject to other penalties. For more information about these penalties, visit our DUI causing injury page or read our blogs regarding the total costs of a DUI.
California DUI Defense Attorney
If you have been accused of a DUI causing injury, then you need to contact the DUI defense attorneys at Wallin & Klarich immediately. The DUI defense attorneys at Wallin & Klarich have been successfully helping clients defend DUI causing injury cases for over 30 years. Hiring an experienced and aggressive DUI defense attorney can greatly increase your chances of keeping your freedom. Our offices are located 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.