What California DUI Injury Charges Require
A crash with an injury changes a DUI case in major ways. California DUI injury charges fall under a separate statute with added elements. So the prosecution must prove more than impaired driving.
Those added elements often become the focus of the case. Each one has its own evidence.
The Elements Under Section 23153
Vehicle Code section 23153 makes it unlawful to drive under the influence and concurrently do an act forbidden by law or neglect a duty imposed by law. That act or neglect must proximately cause bodily injury to someone other than the driver. Subdivision (b) applies the same structure to a driver at 0.08 percent or more.
Therefore, three parts usually matter. First comes impairment or a blood level. Second comes a separate unlawful act or neglect, and third comes causation of injury.
The Unlawful Act or Neglect
The added act is often a traffic violation. For example, speeding, running a light or an unsafe lane change can each qualify. Neglect of a duty, such as failing to keep a lookout, can also qualify.
So the crash report and witness accounts matter. The article on DUI crash fault questions explains how fault fits in.
Causation in California DUI Injury Charges
The act or neglect must proximately cause the injury. As a result, the timeline and physical evidence often draw close review. Reconstruction experts may study speeds, angles and visibility.
Medical records also matter. They show the type of injury and when it arose.
The Sentence Range
Vehicle Code section 23554 covers a first violation of section 23153. It allows state prison or county jail of 90 days to one year and a fine of $390 to $1,000. So the case can proceed as a felony or a misdemeanor.
Serious injuries can add more. Under Penal Code section 12022.7, personally inflicting great bodily injury in a felony adds three years.
Related Issues
Injury cases often bring restitution claims and civil lawsuits, and each can last longer than the criminal case. The guide on DUI victim restitution explains the criminal side of repayment. Meanwhile, the article on DUI civil criminal cases covers how the two tracks differ.
California DUI injury charges also affect the license. Section 23554 directs the DMV to suspend the privilege under the paragraph it cites. So license planning should start early, along with gathering records from the scene, the hospital and any witnesses.
The guide on DUI multiple victims cases explains the added enhancement when more than one person is hurt.