In order to convict you of DUI causing injury under California Vehicle Code Section 23153, the prosecution must prove all of the following elements:
- You operated a vehicle
- You were under the influence of alcohol, drugs or both while operating the vehicle
- While operating the vehicle, you committed an illegal act or neglected to perform a legal duty, and
- Your illegal act or failure to perform a legal duty was responsible for the bodily injury of another person
A conviction for DUI causing injury carries significant penalties. Let’s examine the penalties for DUI causing injury under VC 23153.
Punishment for DUI Causing Injury
DUI causing injury is a wobbler offense under VC 23153, which means it can be charged as a misdemeanor or a felony. How you will be charged depends upon a variety of factors, including the severity of the injury you caused.
If you are convicted of a first-time DUI causing injury, you face up to 364 days in county jail and fines of up to $1,000. Additionally, your driver’s license could be suspended for up to one year.
Felony DUI causing injury carries up to four years in prison and up to $5,000 in fines. Your license could be revoked for up to five years for a felony DUI causing injury conviction.
Great Bodily Injury
Along with the penalties described above, you face additional penalties if you caused great bodily injury to another person as a result of your DUI.
If you are convicted of DUI causing great bodily injury, you face an additional and consecutive three- to six-year prison sentence, and you will receive a strike on your criminal record under California’s Three Strikes law.
Consequences of a Second or Third DUI Causing Injury Conviction
If you are convicted of DUI causing injury for a second time within 10 years of your first conviction, the penalties you face increase.
While a first-time misdemeanor DUI causing injury conviction carries a minimum jail sentence of 90 days, a second-time conviction carries a minimum of 120 days in jail. In addition, you could be fined up to $5,000 and have your license revoked for up to three years.
A third conviction of DUI causing injury within a 10-year period is considered a felony offense. This crime carries a prison sentence of up to four years and fines of up to $5,000.
Contact Wallin & Klarich Today if You are Accused of DUI Causing Injury
DUI causing injury carries significant penalties. That is why you should speak to an experienced DUI defense attorney at Wallin & Klarich immediately if you are accused of DUI causing injury. Our skilled and knowledgeable DUI defense lawyers have been successfully representing clients accused of DUI causing injury for more than 35 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich DUI lawyer available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. We will get through this together.