California specifies that DUI accidents that result in injuries to the other driver enhance the underlying crime. The crime can be located under the California Vehicle Code 23153, which states that driving under the influence and causing bodily injury will lead to increased penalties. Depending on the case, a prosecutor may charge a person with a misdemeanor or a felony DUI.
San Diego Attorney for DUI Accident with Injuries
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against DUIs with Injury. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.
DUI with Injury
You’re probably aware it’s illegal to drink and drive. However, you should also know that California enhances its DUI sentence if another person sustained a bodily injury. This law can be found under California’s Vehicle Code 23153. The statute states prosecutors must prove the following elements beyond a reasonable doubt to convict you of DUI with injury:
- You were in violation of California’s DUI laws;
- While driving impaired you broke an additional law or acted in a negligent and reckless manner while driving; and
- Your violation of the law or extreme negligence caused another person to sustain a bodily injury
Penalties for a DUI in California
The penalties in California for a DUI causing injury will vary depending on several factors. Those factors include:
- How many people were injured, and how badly; and
- If it’s your first or second DUI within a ten-year period
If you have no prior history of DUI within the last ten years, then you’ll be charged with a misdemeanor DUI with injury. The penalties for a misdemeanor DUI with injury upon conviction are:
- Probation for up to 5 years
- Up to 12 months in jail
- A fine of up to $5,000
- Participation in a court-approved alcohol and drug education program
- A license suspension for up to 3 years unless you install an IID for up to 6 months
- Possible restitution to the victim and their family
Having a history of DUI convictions could also reclassify your crime to a felony offense. Driving under the influence in California is considered a “priorable” offense. Priorable offenses, under California law, will have stiffer penalties and sentences if you’ve been convicted of the same or similar offense in the past. Therefore, if you’ve been convicted of DUI or a similar offense three times within the last ten years, then you’ll be facing felony charges.
It’s important to note, any of the following crimes could constitute as a priorable offense:
- DUI
- A “wet reckless” conviction
- Out of state conviction equivalent to DUI
In addition, a third DUI with injury offense no matter the lookback period will automatically result in a felony. Below are the penalties for a felony DUI with injury in California.
- Up to 4 years in state prison
- An additional and consecutive 3 – 6-year sentence if a victim suffered great bodily injury
- An additional and consecutive 1-year sentence for each person suffering any injury
- A “strike” on your record if anyone suffers a great bodily injury
- Up to $5,000 in fines
- Participation in a court-approved DUI school
- Label as a Habitual Traffic Offender (HTO) for 3 years
- 5-year revocation of your California driver’s license
Vehicular Manslaughter in California
A crime similar to DUI with injury in the state of California is vehicular manslaughter. According to the California Penal Code 191.5b, vehicular manslaughter in the context of a DUI is when an alcohol-related accident occurs and results in the death of another person. To convict you of vehicular manslaughter, the prosecutor must prove the following elements:
- You drove a vehicle while intoxicated or under the influence of a controlled substance
- While driving committed a misdemeanor, infraction, or unlawful act that carried a high risk of serious injury or death
- You committed the unlawful act with ordinary negligence
- This negligent behavior caused the death of another
The term “ordinary negligence” refers to when a person fails to use reasonable care to prevent any foreseeable harm to themselves or another person. The law considers you negligent if you did something a reasonable person would not do in the same situation or if you failed to do something that a reasonable person would do in that same scenario.
Vehicular manslaughter can be classified as a misdemeanor or a felony depending on your criminal history and the facts of the case. A misdemeanor vehicular manslaughter offense will result in up to 1 year in jail. Felony vehicular manslaughter will result in up to 4 years in prison.
Additional Resources
DUI with Injury Laws in California
Visit the official website for the California Legislature to read up on their statute regarding DUI causing injury. Access the site to read relevant legal definitions, the penalties for vehicular manslaughter, and other relevant information.
DUI Statistics in California | SafeTREC Berkeley
Visit the official website for SAFETrec, which is part of the University of California, Berkeley, and affiliated with additional partnerships. They are dedicated to providing free education about driving safely in California and do so by going to schools and hosting events.
DUI Accident Defense Attorney in San Diego, California
Having an attorney on your side can be all the difference in a DUI case. If you or someone you know has been charged with DUI involving injury, then we highly recommend you seek legal representation. Our suggestion? Call The Law Offices of Michael E. Cindrich today to get in touch with Michael Cindrich.
Attorney Michael Cindrich has decades of experience protecting clients in DUI cases, including representing them during DUI cases. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.