DUI Causing Injury

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 it can be 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);
  • 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 30 hours community service); 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);
  • 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 30 hours community service);
  • 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.

You Are Not Alone

Facing DUI charges is an unpleasant experience. We are here for our clients through every step of the process and will make sure that you receive the best representation possible. You will always be able to reach us when you have questions about your case. You can be assured that we will fight to obtain the best possible outcome.

Free Consultation

There is no charge for the DUI phone consultation. We want to hear everything that happened both before and after you were arrested. Attorney Robert D. Berglund will personally speak with you about your case and provide you with an honest analysis. Contact us today.

Menu