Vehicle Code 23153 - DUI Causing Injury in California
California Vehicle Code 23153 addresses the offense of DUI causing injury, elevating the severity of a typical DUI case. It involves operating a vehicle while under the influence of alcohol or drugs and resulting in physical harm to another person.
VC 23153 can be charged as either a misdemeanor or a felony, known as a wobbler. California has many laws related to driving under the influence, including:
- Vehicle Code 23152(a) - driving under the influence
- Vehicle Code 23152(b) - driving with blood alcohol content 0.08%, or more
- Vehicle Code 23152(f) - driving under the influence of drugs
California Vehicle Code 23153(a) and 23153(b) legally defines DUI causing injury: It says "It's unlawful for somebody, while under the influence of alcoholic or drug, or .08% of alcohol in their blood (BAC), to drive a vehicle and commit an illegal act, or neglect a duty imposed by law, that causes bodily injury to any person other than the driver."
CA Vehicle Code 23153(a) VC
Vehicle Code 23153(a) VC makes it illegal to drive under the influence of alcohol if it causes injury, regardless of BAC levels. Meanwhile, Vehicle Code 23153(b) VC requires proof, such as scientific evidence, that the driver had a BAC of .08 or higher at the time of driving.
To be convicted under VC 23153(a), the prosecution must demonstrate that you were unable to drive with the ordinary caution expected of a sober driver, as outlined in California criminal Jury Instructions 2100.
Under the law, in addition to driving under the influence, you must also act negligently or break a law. It must be proven that your negligence caused injury to another person. Our California criminal defense lawyers will explore this topic further below.
What does the Standard Misdemeanor DUI Entail?
California Vehicle Code 23152 VC is the typical law used for DUI charges without additional aggravating factors. The prosecution must demonstrate that you drove a vehicle while "under the influence of any alcoholic beverage."
A blood alcohol content of .08 percent or higher indicates that you were driving under the influence. For commercial drivers, the legal limit is lowered to .04 percent.
Under Vehicle Code 23538 VC, the penalties for a first-time DUI offense without aggravating factors are:
- up to six months in county jail
- a fine ranging from $390 to $1,000
- probation lasting three to five years, and
- up to nine months of DUI education.
What Exactly is DUI Causing Injury?
When discussing DUI causing injury, emphasizing the potential harm to others can make the audience feel more empathetic and aware of the gravity of such cases.
A DUI causing injury crime involves being under the influence of alcohol, driving unlawfully, neglecting duties, and causing harm.
The defendant must have been intoxicated, with the law presuming intoxication if the blood alcohol content was at least .08 percent, or .04 percent for commercial or passenger-transport drivers. The key elements of this crime under Vehicle Code 23153 are:
- The defendant operated a vehicle
- They were driving while intoxicated by alcohol or drugs
- The defendant engaged in an unlawful act or failed to fulfill a legal obligation
- the illegal act or neglect of a legal duty that results in bodily harm to another individual
Aggravated Offense of DUI Causing Death
If the defendant commits a DUI and results in someone's death, the prosecutor can file felony DUI charges under Penal Code 191.5 PC.
Vehicular manslaughter happens without the defendant's malicious intent to kill. However, a prosecutor must demonstrate either gross negligence or that the defendant committed an unlawful act.
In severe cases, prosecutors may charge felony DUI causing death under Penal Code 187, classified as a Watson murder, named after the California Supreme Court case.
The Watson case determined that drunk driving with a previous conviction can be considered the malice required for a second-degree murder under Penal Code 187.
Penalties for DUI Causing Injury
Anyone charged with a misdemeanor DUI that results in injury will face:
- a minimum of five days and up to one year
- plus a fine ranging from $390 to $5,000
- DUI school
- vehicle ignition interlock device, and
- license suspension and restriction
If found guilty of a felony DUI that results in injury, the defendant will face the following;
- two, three, or four years of imprisonment
- a fine ranging from $1,015 to $5,000
- up to thirty months of DUI school
- driver's license revocation, and
- victim restitution
If the victim sustains a significant bodily injury, penalties increase to three to six years in prison, plus an extra year for each injured person.
A DUI resulting in death can lead to life imprisonment and counts as a strike under the three-strikes law. Explaining how injury severity influences DUI penalties helps readers assess their risks more accurately.
What Are the Related Crimes?
If the prosecution cannot prove that a defendant's unlawful driving or neglectful driving caused injury, they will usually be charged under the standard DUI statute.
Vehicle Code 23152 VC, for driving while intoxicated. Additionally, the case might be plea-bargained to a reckless driving charge under Vehicle Code 23103 VC. Other related crimes include:
- Vehicle Code 20002 VC - misdemeanor hit and run
- Vehicle Code 20001 VC - felony hit and run
- Penal Code 191.5(a) PC - gross vehicular manslaughter while intoxicated
- Penal Code 191.5(b) PC - vehicular manslaughter while intoxicated
- Penal Code 273a PC - child endangerment
What Are the Best Defenses?
If you are charged with VC 23153 DUI causing injury, our criminal attorneys might employ various strategies to defend your case.
These could include arguing that the chemical test was inaccurate, claiming you did not cause the other driver's injuries, or asserting that your constitutional rights were violated.
We might present evidence to dispute whether the intoxicated driving was real or caused the other person's injury.
Alternatively, we could challenge with evidence that the defendant did not commit an unlawful act or neglect a lawful duty while driving. It is also possible that the other driver was at fault.
Perhaps we can dispute the core claim that the defendant was intoxicated by questioning how the alcohol testing was conducted or interpreted.
Explaining that inaccuracies may result from calibration errors, maintenance issues, or improper technique can provide a strong defense and help readers understand possible legal strategies.
By engaging in prefiling negotiations, we may be able to persuade the prosecution to avoid filing formal criminal charges initially, citing mitigating factors—sometimes referred to as a 'DA reject.'
Clarifying this process helps readers understand how legal strategies can potentially reduce penalties or charges. Contact the Hedding Law Firm for a case review.
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