DUI Blog

California DUI Penalties (Injury Cases)

Posted by Robert Berglund | Jan 30, 2017 | 0 Comments

Similar to those in non-injury cases, California DUI with injury penalties depend on how many prior offenses a person has and whether there were any aggravating factors in the case.  In a Vehicle Code Section 23153 DUI with injury case, the existence of aggravating factors, such as the extent of the victim's injuries, will influence the prosecutor to file the case as a felony DUI.  Below is a general summary of the penalties for California DUI convictions involving injury (does not include DUI causing death):

1st offense misdemeanor DUI with injury

Minimum jail sentence 5 days, maximum 1 year county jail;

3 to 5 years summary probation;

Minimum fine of $390 + penalty assessments;

Alcohol education program of 3 months, 6 months, or 9 months;

*Driver's license suspension of 1 year with no eligibility for restricted license;

Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class and/or Hospital and Morgue (HAM) class.

1st offense felony DUI with injury

Minimum jail sentence 5 days, maximum 1 year county jail, OR

16 months, 2 years, or 3 years state prison, AND

1 year prison for each additional victim; AND

3 to 6 years more prison for personally inflicted great bodily injury (GBI);

Formal probation for 3 to 5 years if probation is granted;

Alcohol education program of 3 months, 6 months, or 9 months;

*Driver's license suspension of 1 year with no eligibility for restricted license;

Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class and/or Hospital and Morgue (HAM) class. 

2nd offense misdemeanor DUI with injury (with 1st offense any DUI, injury or non-injury)

Minimum jail sentence 30 days, maximum 1 year county jail;

3 to 5 years summary probation;

Minimum fine of $390 + penalty assessments;

Alcohol education program of 18 months;

*Driver's license suspension of 3 years with eligibility for IID restricted license after 1 year;

Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class and/or Hospital and Morgue (HAM) class.

2nd offense felony DUI with injury (with 1st offense any DUI, injury or non-injury)

Minimum jail sentence 30 days, maximum 1 year county jail, OR

16 months, 2 years, or 3 years state prison, AND

1 year prison for each additional victim; AND

3 to 6 years more prison for personally inflicted great bodily injury (GBI);

Formal probation for 3 to 5 years if probation is granted;

Alcohol education program of 18 months;

*Driver's license suspension of 3 years with eligibility for IID restricted license after 1 year;

Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class and/or Hospital and Morgue (HAM) class. 

3rd offense misdemeanor DUI with injury (with 1st or 2nd offense any DUI, injury or non-injury)

Minimum jail sentence 30 days, maximum 1 year county jail;

3 to 5 years summary probation;

Minimum fine of $390 + penalty assessments;

Alcohol education program of 18 months;

*Driver's license suspension of 1 year with eligibility for IID restricted license after 1 year;

*Designation as a habitual traffic offender (HTO);

Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class and/or Hospital and Morgue (HAM) class.

3rd offense felony DUI with injury (with 1st or 2nd offense any DUI, injury or non-injury)

Minimum jail sentence 30 days, maximum 1 year county jail, OR

2 years, 3 years, or 4 years state prison, AND

1 year prison for each additional victim; AND

3 to 6 years more prison for personally inflicted great bodily injury (GBI);

Formal probation for 3 to 5 years if probation is granted;

Alcohol education program of 18 months;

*Driver's license suspension of 5 years with eligibility for IID restricted license after 1 year;

*Designation as a habitual traffic offender (HTO);

Any other sentencing terms the Court may deem appropriate, including attendance in the Mothers Against Drunk Driving Victim Impact Panel (VIP) class and/or Hospital and Morgue (HAM) class. 

Note the asterisks next to the terms related to the driver's license suspension periods.  DUI driver's license suspension periods are not always consistent due to other factors related to DMV administrative actions taken against a person.  A chemical test refusal can also increase the length of the suspension.  A good Los Angeles DUI Lawyer can review the client's DMV driving record and advise them of exactly how long of a suspension period he or she will be facing if convicted for DUI.

If you are facing DUI charges CONTACT our office now for a free and confidential consultation.  DUI Lawyer Robert D. Berglund has represented thousands of client's facing DUI charges.  He fights for each and every one of his clients to ensure they are treated fairly and their rights are protected throughout the process.  If you have been arrested for DUI, do not delay and CONTACT Berglund Law Office, P.C. today.  

About the Author

Robert Berglund

Attorney Robert D. Berglund specializes in representing persons arrested on suspicion of Driving Under the Influence of alcohol or marijuana...

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