A seemingly innocent night out can turn devastating very quickly if you are involved in a driving under the influence accident that causes harm to someone else. There are serious legal repercussions for a drunk driver who causes another person to sustain injuries. At the onset, drivers will face criminal prosecution, whose outcome could be imprisonment and possible fines. Should the victim sue the driver, the driver could face considerable financial obligations for medical costs to compensate the victim for the injuries. When facing criminal prosecution, it is imperative to have legal counsel from an experienced driving under the influence (DUI) lawyer.

If you are in the Monterey area, speak to one of our DUI defense lawyers at Monterey Criminal Attorney. Our knowledge and steadfast commitment can make a big difference in your case.

An Overview of DUI Causing Injury Under California Law

Before delving into the specifics of Vehicle Code 23153, it is best to first establish what driving under the influence (DUI) entails under California law, Vehicle Code Section 23152. You could face charges for a DUI in one of two primary ways:

  • You were impaired — Regardless of your blood alcohol content (BAC), being impaired refers to the state in which drugs, alcohol, or a combination of both impair your ability to drive safely.

  • BAC limit — The legal BAC limit in California is 0.08%. If a chemical test shows your BAC exceeds this threshold, it constitutes automatic grounds for a DUI arrest.

A BAC below 0.08% does not preclude a DUI charge if you show clear signs of impairment.

California has strict driving while intoxicated regulations. Although the primary offense centers on impairment or being above the legal blood alcohol content threshold of 0.08%, certain situations have more stringent laws.

Under VEH 23153, there is a lower blood alcohol content threshold for DUI-causing injury for commercial drivers who operate larger and potentially more dangerous vehicles. Their legal limit is set at 0.04%.

Further, California has a zero-tolerance policy for drivers younger than 21. Regardless of impairment, if there is any discernible level of alcohol in their system, it is considered a DUI crime. This tougher law prioritizes the safety of young drivers by discouraging driving after intoxication.

VEH 23153 is an extension of California's DUI laws. It focuses on circumstances in which driving while intoxicated, as determined by the previously listed techniques, causes harm to an individual other than the driver. This additional element, causing injury, elevates the offense beyond a standard DUI and carries significantly harsher penalties.

Building a DUI-Causing Injury Case

Following an accident suspected to involve DUI, law enforcement officers administer field sobriety tests to assess your immediate state of impairment. Although these tests offer preliminary indications, they hold little weight as standalone evidence for driving under the influence charges.

Chemical tests provide a more objective measure of intoxication. While they offer a quick estimate of blood alcohol content at the scene, breathalyzer accuracy is debatable. Despite lengthy processing times, hospital-administered blood tests are more reliable when measuring BAC.

Under VEH 23153, prosecutors build a case for DUI causing injury by integrating information from other sources and a single chemical test result. Among these components are:

  • Police observations — When they notice any indicators of your impairment, like slurred speech, bloodshot eyes, or erratic driving before the collision, they record them. They also examine what caused the accident and whether your conduct had anything to do with it.

  • Witness statements — Corroborative accounts from onlookers or fellow motorists can support the officer's findings and add specifics about your actions preceding the collision.

  • Tests — Chemical tests or breathalyzer BAC findings are admissible as evidence even though they are not always accurate, especially if they are higher than the allowed limit.

Prosecutors must establish three essential components to convict someone of DUI causing injury under Vehicle Code Section 23153:

  • Driving Under the Influence (DUI) — Regardless of your blood alcohol content level, you must have been impaired by drugs, alcohol, or a mix of both.

  • Negligence — The prosecution must show that you behaved carelessly. This entails demonstrating that you did not act with the due care and caution that a sober person would have used in a similar situation. Examples of actions that lead to accidents include speeding, erratic lane changes, and failure to give the right of way.

  • Bodily injury — According to the law, there must be proof of any physical harm that another person sustained as a direct result of the DUI-related collision. Testimonies from witnesses and medical records can support the severity of these injuries.

  • You were the driver — The prosecution must prove you were driving when the accident occurred. This evidence could come from witness accounts, police identification, or surveillance film.

An arrest for DUI carries penalties from the Department of Motor Vehicles (DMV), which functions independently of the criminal court system. The court rules on the guilt or innocence of the DUI charge itself, which may result in fines, probation, or jail time. The criminal case resolution did not affect the DMV's activities concerning your driver's license. The DMV holds a separate administrative hearing to determine how this will affect your driving privileges. After reviewing the arrest record and supporting documentation, this hearing allows you to mount a defense. Regardless of the court's ruling, the DMV has the authority to suspend or revoke a license based on the outcome of the Driver Safety Administrative Hearing.

Common Defenses Used in DUI Causing Injury Cases

An experienced DUI lawyer starts by carefully reviewing the details of your case. They thoroughly review police reports, witness statements, and evidence from the accident scene. Thanks to this thorough investigation, they can identify any holes in the prosecution's case and create a strong defense plan specific to your case. Some of the common defenses your attorney could use include the following:

  1. You Were Not Under the Influence

In DUI-causing injury cases, one of the most critical defense strategies is to refute the state's assertion that you were impaired. This approach focuses on casting doubt on the validity and accuracy of blood alcohol content (BAC) tests.

An experienced DUI lawyer will carefully examine the particular tests used in your instance. They will focus on these two main areas:

  • Field Sobriety Tests (FSTs) — These tests involve subjective assessments. The officer's lack of training, outside influences on test conduct, or the effects of weariness or medicine on your performance are all potential points of contention for your attorney.

  • Chemical tests — Blood and breathalyzer tests can contain inaccuracies even though they seem objective. Your lawyer could contest the handling and storage of samples, the calibration of testing apparatus, or the methods law enforcement uses to administer tests, all of which could affect the outcome.

Your attorney could argue that tests do not accurately reflect your level of impairment at the time of the accident, even if they are valid. It is possible to use two main strategies:

  • Pointing to medical conditions — Several illnesses can have symptoms that resemble drunkenness. Instead of focusing on how drugs or alcohol affect conduct or test performance, your attorney could provide medical proof demonstrating a pre-existing ailment.

  • The timing of the chemical test — It is important to note how long it will be between your arrest and the testing. According to your attorney, elapsed time causes the findings to not correctly reflect your blood alcohol content while driving.

  1. There Were No Injuries

You can refute the charges by contesting the existence or seriousness of the injuries. This strategy depends on making a distinction between a standard DUI and a DUI that causes injury. The latter is punishable by harsher consequences since it causes harm to other people.

Understanding the legal definition of "injury" in DUI laws is crucial. While a typical DUI concentrates on driving while intoxicated, a DUI that causes injury intensifies the charge due to injuries to other people. Not every physical condition meets the definition of "injury." The injury has to be a grave bodily injury.

An experienced DUI defense lawyer could employ a two-pronged approach. They could start by examining the reported injuries to contest their seriousness. Then, they would need to get medical documents or speak with specialists to determine if the injuries qualify as "injuries" under the law. Minor discomforts are not eligible.

After that, your attorney could examine the accident's cause in detail. Even in the event of injuries, he/she could contend that circumstances unconnected to the claimed intoxication caused the collision. Evidence, including witness testimony, traffic camera film, and accident reconstruction reports, could support allegations of another driver's negligence or unanticipated conditions causing the accident.

  1. You Were Not Negligent, Neither Did You Commit an Illegal Act

Charges of DUI causing injury go beyond simple DUI violations. Negligence and a direct illegal act producing the injuries are two essential components that the prosecution must prove. An experienced DUI lawyer knows how to exploit holes in these components to weaken the prosecution's case.

Your defense's main focus will be raising issues about the prosecution’s assertion of negligence. Your legal representative will:

  • Investigate the accident scene thoroughly, collecting data like witness statements, debris patterns, and skid marks. Your attorney could also speak with experts in accident reconstruction to determine other contributing variables to the accident besides purported drunkenness.

  • Provide evidence of your careful driving practices before the occurrence, like obeying speed limits and traffic laws.

The second element to dispute is the illegal act directly causing the injuries. This is how your lawyer could go about it:

  • Your lawyer will closely examine the particular traffic infraction, for example, a broken taillight, and argue that it was not the direct cause of the collision, therefore casting doubt on its applicability to a DUI-causing injury case.

  • He/she could focus on uncontrollable outside factors that could have contributed to the accident, like unexpected mechanical breakdowns or medical issues, which might explain the incident without involving an illegal act on your part.

Penalties for Causing an Injury While Driving Under the Influence

Driving while intoxicated (DUI) is a serious offense, but the penalties increase significantly if there are injuries. A standard DUI conviction usually involves fines, license suspension, and mandatory alcohol education programs. Factors like BAC level and prior offenses influence the severity of the consequences.

However, inflicting harm when operating a vehicle while intoxicated elevates the case to a far more serious legal concern. The offense is a wobbler. Wobblers afford discretion to prosecutors. Depending on several variables, they could prosecute you with driving under the influence and causing injury as a misdemeanor or felony:

  • Severity of injury — The victim's level of harm is an important consideration. Felony charges often follow more serious injuries.

  • Your blood alcohol content (BAC) — A higher BAC can support a felony charge since it indicates a higher degree of intoxication.

  • Your criminal history — If you have committed DUI crimes in the past, this could make matters worse for you and make a felony conviction more likely.

First Conviction

If you are convicted of misdemeanor DUI causing injury, you face several potential consequences:

  • Depending on the circumstances of your case, the court could sentence you to 90 days to a year in jail.

  • Fines usually have a maximum value of $2,000, and there could be further court costs and penalties.

  • The DMV could suspend your driver’s license for one year.

  • As a probationary requirement, the judge could mandate that you enroll in a court-approved DUI program in some circumstances. The program's length and intensity vary based on your offense's severity.

Penalties for felony DUI causing injury are more severe than those for misdemeanors:

  • You may receive a term of up to three years in a state prison by the court.

  • Under specific circumstances and very tight guidelines, you could remain on probation for 3 to 5 years instead of imprisonment. Some of the conditions include the following:

  1. You have to abstain from all illegal behavior.

  2. It is strictly prohibited to possess or use any lethal or dangerous weapons.

  3. You may be asked to submit to mandatory blood, urine, or breath tests to monitor your blood alcohol content.

  4. Driving under the influence is strictly forbidden. Therefore, the court could order you to install an ignition interlock device (IID). An IID is a breathalyzer integrated into your car's ignition system. You must provide a breath sample, and the device analyzes your BAC. The car starts if your BAC is below a preset limit, usually 0.00%. If not, the vehicle remains immobilized. This measure significantly reduces the risk of you driving under the influence again.

Second Conviction

If a second DUI conviction for injury occurs within ten years of the first crime, you will face harsher penalties, including:

  • A jail sentence for misdemeanor convictions ranging from four months to a year.

  • Possible fines of up to $5,000 in addition to any court costs and charges.

  • Having your license revoked for up to three years. This punishment is more severe than a possible suspension for the first violation.

You run the risk of facing harsh punishment if you are found guilty of felony DUI causing injury as a second-time offender. Based on the seriousness of the case and your criminal past, the court could:

  • Sentence you to a state prison term of 16 months to 4 years.

  • Impose fines of up to $5,000 and potential court costs and charges.

  • As with a second misdemeanor, you could lose your driver's license for a maximum of three years.

Your felony DUI-causing injury conviction could result in probation rather than jail time from the court. Breaking the tough probation guidelines could result in jail time. The potential probation terms include the following:

  • Probation and jail time — Although probation keeps you out of jail immediately, the court could impose a brief jail sentence, usually 30 days to a year, as part of the probationary period.

  • You could be subject to fines of up to $5,000 in addition to any levies and court costs.

  • You could lose your driver's license for a maximum of three years

  • Depending on the details of your case, you could be required to spend between 18 and 30 months completing a court-approved DUI program.

Third Conviction

If you commit a third DUI violation within ten years of a prior conviction, you will face increased penalties. This is what you could face:

  • Depending on the merits of your case and the court's discretion, you could receive a sentence of up to three years in state prison.

  • You could face fines of up to $5,000 and potential court costs and charges.

  • Your license could be revoked for a maximum of five years.

  • You could also be assigned the HTO (Habitual Traffic Offender) designation, which leads to more severe penalties for further traffic violations. However, this is not considered a separate three-year charge.

Earning a Strike on Your Criminal Record Per The Three-Strikes Law

The Three Strikes Law in California greatly complicates felony DUI-causing injury accusations. Repeat offenders are required under this statute to serve longer sentences, and under some circumstances, a DUI that results in injury could be considered a strike.

Under the Three Strikes Law, a felony DUI causing injury violation could be considered a strike if the injuries the victim sustained in the collision satisfy the requirements for grave bodily injury (GBI). This classification has a significant impact on the sentence.

In criminal charges, like DUI causing injury, great bodily injury is a particular degree of an injury’s severity. Although there is no set list of GBI requirements in California law, GBI usually relates to serious or substantial injuries. Courts consider several variables to assess GBI. The following are medical issues that meet the GBI threshold:

  • Prolonged unconsciousness — Being unconscious for an extended period (typically exceeding several hours).

  • Particular fractures — While not all fractures fit this need, complex fractures or those requiring surgery meet the GBI threshold.

  • Severe or permanent impairment — These injuries result in permanent or long-term impairment of bodily functions, like loss of limb function or severe scarring.

  • Internal Injuries — GBI also applies to severe internal injuries that result in organ damage or substantial blood loss.

According to the three-strike law, a second strike could double the imprisonment sentence, and a third strike could be a term ranging from 25 years to life in prison.

What Happens If the Victim Dies?

DUI-causing injury charges become vehicular manslaughter while intoxicated (Penal Code 191.5), a felony with even heavier penalties if the victim tragically dies as a result of the accident's injuries.

Certain circumstances apply under the PC 191.5 violation charge for you to be found guilty:

  • You had to have been under the influence of drugs or alcohol when you were driving the car.

  • You must have engaged in illegal driving while operating the vehicle, like breaking traffic laws or operating a car without a license.

  • It must have been the illegal driving that led straight to the collision.

  • The accident must have resulted in the death of another person.

These elements change the offense from DUI-causing injury to vehicular manslaughter while intoxicated, which carries far harsher penalties.

Find an Experienced DUI Defense Attorney Near Me

DUI-causing injury charges can have detrimental effects on your life and career. Furthermore, realizing you have hurt someone could have an enormous emotional toll. Do not give up, though. Enlisting a skilled criminal defense lawyer can significantly impact your case. They conduct a detailed analysis of your case, identifying flaws in the prosecution's evidence. Furthermore, they bargain with prosecutors for lighter sentences or non-punitive measures like community service.

Since every case is different, a knowledgeable lawyer can help you by focusing on specific facts or contested evidence. They assist you in navigating the complexities of the legal system while defending your rights. Getting legal advice is essential. In this challenging situation, an attorney can be your strongest ally, working to get the best result possible. At Monterey Criminal Attorney, we are ready to be your ally. Call us today at 831-574-1791.