DUIs Involving Accidents and Injuries
Being involved in an accident and subsequently arrested for DUI in California is a matter of utmost seriousness, carrying severe potential consequences. Under California Vehicle Code 23153, you could face significant charges, especially if the accident resulted in injury or death.
A conviction could lead to a felony charge and a sentence of up to 6 years in prison for injury, or up to 10 years if a life were lost. These potential outcomes underscore the gravity of the situation.
Given the serious nature of these charges, it's crucial to seek the immediate guidance of an experienced DUI lawyer. There have been cases where individuals faced additional imprisonment when a life was lost in a DUI-involved accident.
Your license will also be suspended. The urgency of this situation cannot be overstated. Don't navigate this complex legal situation alone-reach out to a skilled DUI lawyer immediately.
Investigation by a DUI Defense Lawyer
These cases demand a meticulous investigation by a DUI defense lawyer who is well-versed in both the criminal and accident aspects. A Watson murder, a DUI causing someone's death in California, is a serious charge that requires a comprehensive and strategic defense approach.
The Watson murder charge is based on the legal theory that a person who has been convicted of DUI and is subsequently involved in a fatal DUI accident can be charged with murder, as they were aware of the risks of driving under the influence.
An independent investigator may be retained to investigate the scene of the accident fully. It's important to note that despite the charges, you may not have been at fault in the accident.
Accidents occur regularly in Southern California, and if someone had been drinking, they might be accused even though they were not at fault and their alcohol level was not above the legal limit.
Getting Competent Legal Advice
The state of California has several statutes known as DUI Enhancement Laws that add more penalties to the standard penalties related to a DUI conviction.
Contact our criminal defense lawyers at Cron, Israels & Stark for competent advice on the direction the investigation surrounding your accident should take to obtain the most favorable results possible.
Our legal team is committed to thoroughly investigating all aspects of your case with the goal of reducing or eradicating the charges if possible.
We strive to help you avoid jail time and achieve the most favorable outcome for your situation, providing you with a sense of confidence in our defense strategies. Our thorough investigation will leave no stone unturned in building your defense.
Defining Vehicle Code 23153 VC
The crime of “DUI causing injury” is described under California Vehicle Code 23153. If you drive under the influence (DUI) of alcohol or drugs and then cause physical harm to another person, you could be convicted under this statute.
It should be noted that driving under the influence under this law includes Vehicle Code 23152(a) driving under the influence.
Vehicle Code 23152(b) driving with blood alcohol content (BAC) at 0.08% or higher; or Vehicle Code 23152(f) driving under the influence of drugs, which includes prescription drugs. The case could be filed as a misdemeanor or felony.
In order to be convicted of DUI causing injury, the prosecutor has to prove the elements of the crime listed under CALCRIM 2100. Jury Instructions:
- You were driving a motor vehicle
- Under the influence of alcohol or drugs, or
- You had a blood alcohol content of 0.08% or higher
- While driving under the influence, you committed an illegal act or neglected to perform a legal duty
- Your act or negligence caused injury to another person
For commercial drivers, it only has to prove you were driving with a blood alcohol content (BAC) of 0.04% or greater.
Possible DUI Penalties
For first-time offenders or those who have one prior DUI conviction within the past 10 years, this offense will be charged as a misdemeanor, carrying up to one year in county jail, a fine up to $5,000, victim restitution, and a three-year suspension of driver's license by the California DMV, an administrative action separate from any court-imposed penalties.
If convicted of a felony DUI with injury under Vehicle Code 23153, it will carry up to 4 years in a California state prison and a fine up to $5,000.
It can also include an additional year per victim, an extra 3-6 years per victim who sustained a great bodily injury (GBI), victim restitution, and a 5-year revocation of your driver's license.
Additionally, you may be designated as a Habitual Traffic Offender (HTO), which carries its own set of penalties and restrictions on your driving privileges.
Related Offenses for DUI Causing Injury
- California Vehicle Code 23152(a) – Driving Under the Influence
- California Vehicle Code 23152(b) – Driving with Blood Alcohol Content (BAC) at 0.08% or higher
- California Vehicle Code 23152(f) – Driving Under the Influence of Drugs
- California Vehicle Code 20001 – Felony Hit and Run
- California Penal Code Section 191.5 – Vehicular Manslaughter While Intoxicated
Defenses for DUI Causing Injury
Our Los Angeles DUI attorneys can use various defense strategies to defend you against charges of DUI causing injury under California Vehicle Code 23153, and if you have multiple DUIs. We need first to review the facts and circumstances of your charges. The most common defenses include:
- You didn't directly cause the bodily injury to the victim. Our criminal attorneys might be able to make an argument that you weren't directly responsible for the bodily injury to someone else, even though you were driving under the influence. Perhaps the adverse weather conditions were the cause of the accident, rather than negligence on your part. In some situations, we might be able to get your charges reduced to Vehicle Code 23152 – driving under the influence.
- Your blood alcohol content (BAC) was not 0.08%. We might be able to challenge the accuracy of your chemical tests by using strategies that show the unreliability of certain tests. Driving under the influence, blood test errors are not uncommon and are often used by experienced attorneys to show blood contamination or improper storage of your blood sample.
Being arrested for a DUI can be a life-altering event. Being involved in an accident and being charged with a DUI can be devastating, especially if injuries or death accompany the accident.
This is where there is no question that you need help from a skilled and experienced legal team that will aggressively build the best defense possible. We use various DUI defense strategies to get your charges reduced or dismissed. Contact our office for personalized attention and a caring and dedicated legal staff.
If you have been arrested for a DUI involving an accident, contact Cron, Israels & Stark for a free initial consultation.
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