It is against California law to drive while under the influence of alcohol and/or drugs. If convicted, you can face serious consequences. According to California Vehicle Code 23153VC, “If because you were driving under the influence, you injure another person, prosecutors will likely charge you with DUI with injury.”
This charge can be prosecuted as either a misdemeanor or as a felony, depending on the surrounding circumstances and if you have a prior DUI history.
The prosecutor’s case
The prosecutor must prove:
- You were driving under the influence of alcohol and/or drugs
- You acted in a negligent manner
- Your manner caused the injuries of another person
In order for the prosecutor to convict you of Vehicle Code 23153(b) VC, he or she must prove the BAC was .08% or greater.
Consequences
Consequences depend on the facts of the case and how many DUIs you were convicted of within a ten-year period.
Palm Desert DUI Involving Injuries Lawyers of Coachella Valley
If charged with a misdemeanor DUI with injury:
- Five days to one year in county jail
- Probation for three to five years
- A fine in the amount of $350 to $5,000
- A court-mandated alcohol program lasting 3, 9, 18 or 30 months
- A one to three year suspension of your driving privileges
- Restitution to any injured parties
If charged with a felony DUI with injury:
- Two to four years in California State Prison
- If a victim suffers great bodily injury, the prison term will be extended to three to six years (additional one-year sentence for each person who was injured)
- California Three Strike Law takes effect if anyone other than yourself was injured
- A fine between $1,000 and $5,000
- A court-approved DUI school for 18 to 30 months
- A five-year revocation of your license
- Receive Habitual Traffic Offender status for three years
A DUI that involves injury to another person is a serious offense. You need the experience and aggressiveness of the Palm Springs DUI attorneys at The Law Office of Dale Gribow. They will fight for your rights and walk you through the process one step at a time.