Close X

DUI WITH INJURY PENALTIES

If you are driving under the influence of alcohol and/or drugs and get into an accident which causes an injury to another person, you will be charged with a violation of Vehicle Code Section 23153.  This is commonly referred to as "DUI with injury."  This section of the Vehicle Code is what is referred to as a "wobbler."  This means that criminal charges can be filed as either a felony or a misdemeanor.  

FELONY DUI WITH INJURY

A felony violation of Vehicle Code Section 23153 is usually reserved for cases in which a person has been seriously injured.  Prosecutors may also file a "great bodily injury" (GBI) allegation which can result in a harsher sentence and additional years in prison.  A conviction for a felony DUI has serious consequences, including:

  • Up to 3 years in state prison;
  • An additional 3 to 5 years in state prison if a GBI allegation is admitted or proven;
  • An additional 1 year for a second, third, or fourth person injured;
  • Formal probation up to 5 years;
  • Minimum 1 year driver's license suspension (this varies depending on a number of factors, including whether the driver has any prior offenses or if the driver refused to take a breath or blood test). For offenses involving alcohol which occur after 1/1/2019, the driver may be eligible for a restricted driver's license upon installation of an ignition interlock device;
  • An alcohol program of either 3, 6, 9, or 18 months (the length of the DUI program depends on the facts of the case and whether the driver has any prior DUI offenses);
  • Fine $390 + penalty assessments – approximately $2,000 (or converted to 3 days jail, 3 days community labor, or 35 hours community service (total hours vary by court)); and
  • Mandatory court fees approximately $300 (varies by courthouse).

MISDEMEANOR DUI WITH INJURY

If the prosecutor's office determines that the victim(s) suffered only minor injuries, e.g. not serious injuries, the DUI with injury charges will be filed as misdemeanors.  A conviction of a misdemeanor DUI with injury offense still carries consequences more severe that those of a regular DUI conviction.  A person convicted of misdemeanor DUI with injury will face the following penalties:

  • Minimum 5 days county jail and up to 1 year county jail;
  • Summary probation for at least 3 years;
  • Minimum 1 year driver's license suspension (this varies depending on a number of factors, including whether the driver has any prior offenses or if the driver refused to take a breath or blood test).  For offenses involving alcohol which occur after 1/1/2019, the driver may be eligible for a restricted driver's license upon installation of an ignition interlock device;
  • An alcohol program of either 3, 6, 9, or 18 months (the length of the DUI program depends on the facts of the case and whether the driver has any prior DUI offenses);
  • Fine $390 + penalty assessments – approximately $2,000 (or converted to 3 days jail, 3 days community labor, or 35 hours community service (total hours vary by court));
  • Mandatory court fees approximately $300 (varies by courthouse).

CONTACT A LOS ANGELES DUI LAWYER TODAY

If you have been arrested for DUI causing injury, it is important to speak with an experienced DUI defense attorney as soon as possible following your arrest.  It is best to be represented by an attorney that understands California's DUI laws and deals with the unique issues presented in DUI cases on a daily basis.  CONTACT our office today and schedule a free consultation to meet with Los Angeles DUI lawyer Robert D. Berglund.

Fight Your Traffic Ticket

Our office specializes in representing individuals facing traffic violations. We represent our clients in both court and at DMV hearings. Your case will be handled with the personalized attention and expertise that it deserves.

Free Consultation

There is no charge for the phone consultation. Our office specializes in representing individuals facing traffic violations. Attorney Robert D. Berglund will personally speak with you about your case and provide you with an honest analysis. Contact us today.