Driving under the influence (DUI) is a grave offense. It poses significant risks for you, the driver, and others on the road. Operating a vehicle under the influence of alcohol or drugs impairs your ability to drive safely. It thus significantly increases the likelihood of accidents, injuries, and even fatalities. If, as a result, you cause an accident leading to another person sustaining injuries, you could face charges under Vehicle Code 23153(a). The potential consequences if convicted are grave. Thus, you need a Fresno criminal defense attorney to help you fight the charges. Call the California Criminal Lawyer Group for assistance.

DUI Under California Law

Driving under the influence (DUI) is a grave violation in California. According to Vehicle Code sections 23152(a) and 23152(b), operating a vehicle while under the influence of alcohol and/or drugs or driving with a blood alcohol concentration (BAC) of 0.08% or higher is strictly prohibited.

To break it down further, when the courts refer to DUI, they refer to driving under the influence under any of the following laws:

  • Driving under the influence — VC 23152(a) involves operating a vehicle while influenced by alcohol.
  • Driving with a BAC of 0.08% or higher — VC 23152(b) specifically addresses driving with a blood alcohol concentration (BAC) of 0.08% or higher, creating a presumption of impairment.
  • Driving under the influence of drugs — VC 23152(f) pertains to driving while under the influence of drugs, whether they are legal or illegal substances.

DUI Causing Injury Under California Law

Driving under the influence (DUI) becomes a more serious offense when it results in injury due to impaired driving. In these situations, the legal repercussions become notably more severe. In California, this crime falls under Vehicle Code 23153. If you are involved in an accident while driving under the influence, causing harm to another person, you could face heightened charges with potentially harsher penalties.

In a DUI-causing injury case, prosecutors must convincingly establish the following elements:

  • Operation of a vehicle — You operated a vehicle.
  • Under the influence — At the time of operating the vehicle, you were under the influence of an alcoholic beverage, a drug, or a combination of both.
  • Committing an illegal act or neglecting legal duty — While driving under the influence, you committed an unlawful act or failed to perform a legal duty.
  • Causation of bodily injury — The illegal act or failure to perform a legal duty directly caused bodily injury to another person.

Let us look at the elements in detail.

  1. Under the Influence

Both drugs and alcohol can impair cognitive function. They affect mental processes like perception, attention, memory, reasoning, and decision-making. Alcohol, a depressant, slows the central nervous system. This leads to impaired judgment, coordination, and reaction time. It influences brain regions responsible for decision-making, potentially causing decreased inhibitions and risky behavior.

Depending on type and class, different drugs have varied effects on cognitive function. Depressants or hallucinogens, for instance, can impact cognitive abilities. Opioids induce drowsiness and impair alertness, while stimulants can lead to hyperactivity and difficulty concentrating.

In California, the legal blood alcohol concentration (BAC) limit for drivers aged 21 and older is 0.08%, defining legal impairment. Driving under these conditions is a criminal offense. For drivers under 21, a zero-tolerance policy is in place. The legal limit is 0.01% BAC, significantly lower than the 0.08% limit for older drivers.

Commercial drivers operating large vehicles face a stricter standard, with a legal BAC limit of 0.04%. This measure aims to mitigate potential risks associated with impaired driving in the context of operating sizable commercial vehicles.

  1. Committing an Illegal Act or Failure to Perform a Legal Duty

Prosecutors must prove the following to be true:

  • You violated the law or committed an illegal act — Breaking the law could involve infractions like failing to stop at an intersection, misdemeanors like driving with a suspended license, or felonies like a fourth-time DUI offense.
  • Negligence or failure to exercise ordinary care — If you fail to exercise ordinary care, meaning you do not take reasonable precautions to prevent foreseeable harm to others, you could be deemed negligent.

Negligence can involve doing something a reasonably careful person would not do or neglecting to do something they would in the same situation.

  1. Causation of Bodily Injury

In a DUI-causing injury case, prosecutors must establish causation of bodily harm. They must show a direct link between your impaired driving and the injuries sustained by another person. Causation requires establishing three fundamental aspects, namely:

  • Proximate cause — It is a critical legal concept. It should be evident for you to be found guilty. Proximate cause shows that your actions were a foreseeable and significant factor leading to the injury.
  • But-for test — Prosecutors will be required to apply the "but-for" test. It questions whether the bodily injury would have occurred without your impaired driving.
  • Foreseeability — This comes into play, requiring that the injuries be foreseeable consequences of driving under the influence. The prosecution must present compelling evidence and arguments proving this direct connection to secure a conviction.

Pre-trial Interventions

Plea-bargain negotiations precede formal court filings and hinge on critical factors that could impact legal outcomes. These factors are presented to prosecutors during negotiations to secure a favorable outcome for the defendant. The overarching objective is often to reach an agreement that benefits both parties. These negotiations sidestep an extended trial process and address the case's unique circumstances. The defense attorney often aims to reduce or dismiss charges, thereby minimizing associated penalties.

Some of the factors considered include:

  • Background, character, reputation, and accomplishments — Showing positive attributes, background, reputation, and achievements offers a comprehensive perspective on your character during negotiations.
  • Minor nature of the injuries — Underscoring the minor nature of injuries sustained in the incident can be a mitigating factor, potentially influencing reductions in charges or sentencing.
  • Demonstration of remorse — Expressing genuine remorse for the actions leading to charges is a compelling element, signaling accountability for wrongdoing.
  • Rehabilitation efforts — Active participation in rehabilitation initiatives, like enrolling in alcohol and drug education programs, helps show that you are making meaningful steps toward personal growth and addressing underlying issues.
  • Upfront payment of restitution — Offering immediate restitution payments to compensate victims for losses is a negotiation point, demonstrating a commitment to making amends.

Should the negotiations fail and the prosecutors pursue a conviction, your attorney can use common defenses to challenge the case.

Fighting DUI-Causing Injury Charges

You can contest DUI-causing injury charges in court. Through various defense strategies, your attorney will challenge the prosecution's assertions and pursue a favorable resolution. Various defense strategies include the following:

  1. You Were Not Impaired

In challenging DUI-causing injury charges, a common strategy is to dispute the assertion of impairment. This defense approach involves contesting the claim that you were under the influence of alcohol or drugs during the incident. The aim is to present evidence and arguments that cast doubt on the accuracy or validity of the prosecution's allegations.

You can challenge the allegations by:

  • Questioning the reliability of field sobriety tests.
  • Challenging the accuracy of Blood Alcohol Content (BAC) testing and
  • Presenting pertinent evidence supporting your sobriety at the time of the incident.

Additionally, medical conditions, improper testing procedures, or external influences can be cited in this defense.

If your Blood Alcohol Content (BAC) remains below the legal limits, it could impact the DUI-causing injury charges. However, it is important to understand that DUI laws address not only exceeding the BAC limit but also driving under the influence to an extent that compromises safe vehicle operation.

The legal BAC limit is typically set at 0.08% for standard drivers. A BAC below this limit could be a defense against the DUI charge. Nonetheless, prosecutors could pursue charges if they believe there is evidence of impairment, irrespective of BAC levels.

  1. The Alleged Victim Did Not Sustain an Injury

In a DUI-causing injury case, a key aspect is the actual harm suffered by the victim. For you to face charges of DUI causing injury, there must be clear evidence that the impaired driving resulted in bodily injury to another person.

The prosecution is responsible for establishing a direct and causal link between your actions and the injuries sustained by the victim. This entails demonstrating that the impaired driving was a proximate cause of bodily harm.

The severity of the injuries and their direct connection to impaired driving significantly influence the specific charges and potential consequences you will face. The presence and extent of injuries are crucial factors in determining the severity of DUI-related offenses.

Conversely, the absence of bodily injury becomes a pivotal ground for contesting charges in a DUI-causing injury case. Contesting these charges involves presenting compelling evidence, like medical records or expert testimony, to demonstrate that the alleged victim did not suffer any physical injuries attributable to your actions. If the prosecution cannot establish the element of bodily injury, it markedly weakens their case against you.

  1. You Did Not Commit an Illegal Act

If the prosecution insists that you committed an illegal act resulting in a DUI-causing injury case, you can challenge the charges by asserting that there was no unlawful act. Effectively contesting these charges requires presenting evidence or legal arguments to demonstrate that your actions did not violate the law. This could involve a detailed examination of the case's specific circumstances, disputing the interpretation of the alleged illegal act, or presenting evidence that supports your position.

Some of the possible evidence you can introduce includes the following:

  • Traffic violations or lack thereof — Essential documentation demonstrating the absence of any traffic violations or law-breaking leading up to the incident holds significant weight.
  • Witness testimony — Statements from witnesses who directly observed the events leading to the DUI incident can offer invaluable insights into your actions and whether they align with the characterization of an illegal act.
  • Surveillance footage — If accessible, scrutinizing surveillance footage from nearby cameras becomes a crucial step. This examination aims to verify your actions and ascertain their alignment with the assertions made by the prosecution.
  • Police reports — Thoroughly reviewing police reports serves as a pivotal aspect. The focus is on ensuring accuracy and identifying any discrepancies related to the alleged illegal act.
  • Expert opinions — The input of expert witnesses, including accident reconstruction specialists or legal experts, becomes a potent element. Their professional opinions can bolster the assertion that no illegal act transpired.

Penalties if Convicted of DUI-Causing Injury

DUI-causing injury is a wobbler offense.

A wobbler offense is a criminal charge that can be pursued as a misdemeanor or a felony. The decision rests on factors such as:

  • The severity of injuries.
  • Your criminal history, and
  • Other pertinent circumstances.

Prosecutors could pursue felony charges if the injuries are substantial or prior convictions exist. Conversely, misdemeanor charges may be considered for less severe situations.

  1. Misdemeanor Offenses

If convicted of a misdemeanor violation, you could face the following penalties:

  • Summary or misdemeanor probation instead of jail time. You will remain on probation for three to five years.
  • A jail sentence of up to one year.
  • A fine of up to $5,000, or both fines and imprisonment.

Additionally, you could face the following penalties:

  • Restitution payments to the victim(s).
  • Enrollment and completion of a drug or alcohol education program.
  • A suspension of your driver’s license by the DMV. The suspension remains in effect for a maximum of three years — A suspension of your driver's license involves a temporary withdrawal or revocation of your driving privileges. This decision is arrived at by the DMV after a DMV hearing.

  1. Felony Offenses

If convicted of a felony violation, you could face the following penalties:

  • Summary or misdemeanor probation instead of jail time. You will remain on probation for three to five years.
  • A prison sentence of up to four years.
  • A fine of up to $5,000, or both fines and imprisonment.

Additionally, you could face the following penalties:

  • Restitution payments to the victim(s).
  • Enrollment and completion of a drug or alcohol education program.
  • A strike under California’s Three Strikes Law.
  • A HTO (Habitual Traffic Offender) status.
  • A revocation of your driver’s license by the DMV. The revocation remains in effect for a maximum of five years — A revocation of a driver's license is a more severe and enduring withdrawal of driving privileges imposed by California’s Department of Motor Vehicles. In contrast to a temporary suspension, a revocation is often indefinite.

Note: If you commit a DUI-causing offense and you have a prior strike on your record, your offense is a second strike. The penalties upon your conviction will be double (an imprisonment of up to 8 years). If you earn a third strike,  you could face a mandatory sentence ranging from 25 years to life imprisonment.

Related Offenses

  1. Vehicular Manslaughter

Some DUI accidents could lead to the tragic outcome of causing the death of another person. In the event of a DUI accident resulting in the death of another person, you could be subject to charges of vehicular manslaughter while intoxicated under Penal Code 191.5. This offense pertains to causing the death of another person while operating a vehicle under the influence of alcohol or drugs.

A violation of Penal Code 191.5 is commonly known as gross vehicular manslaughter while intoxicated. According to the law, this offense occurs when a motorist, under the influence of alcohol or drugs and driving with gross negligence, causes an accident resulting in the death of another person.

In a gross vehicular manslaughter while intoxicated case under Penal Code 191.5, prosecutors must convincingly establish four key elements beyond a reasonable doubt:

  • You operated a vehicle while under the influence of alcohol or drugs.
  • Your driving exhibited gross negligence.
  • Your grossly negligent driving caused an accident.
  • The accident led to the tragic outcome of another person's death.

Gross negligence is the heightened degree of carelessness or recklessness surpassing ordinary negligence. It entails a conscious and voluntary disregard for the imperative need to exercise reasonable care, creating a significant and unjustifiable risk. Gross negligence represents a substantial deviation from the standard of care expected of a reasonable person in a similar situation.

Note: Driving under the influence and violating a traffic law does not, on its own, constitute enough evidence to rise to the level of gross negligence. Gross negligence demands a more flagrant departure from the standard of care. This indicates a deliberate and extreme disregard for the safety of others.

Penalties Under PC 191.5(a)

Killing another while driving drunk is a felony offense. A conviction will result in the following penalties:

  • Formal or felony probation.
  • A prison sentence of 4, 6, or 10 years in prison.
  • A maximum of $10,000 or both.

A previous conviction for the enumerated offenses could lead to more stringent penalties. Convictions could result in a prison term of up to 15 years or even a life sentence. These offenses encompass:

  • Vehicular manslaughter while intoxicated (ordinary or gross).
  • Gross vehicular manslaughter under PC 192(c).
  • PC 192.5(a) or (b) vehicular manslaughter while operating a boat.
  • Vehicle Code 23152 DUI, or
  • Vehicle Code 23153 DUI causing injury.

  1. Child Endangerment

Prosecutors have the option to include child endangerment charges on your charge sheet if, during a DUI incident that resulted in injury, either you had a child in your car or the victim of the crash had a child in their vehicle.

Under Penal Code 273a(a), it is a crime to deliberately put a child under 18 in a situation that endangers their health and safety. This includes exposing the child to unjustifiable suffering, pain, or danger. Crucially, physical harm to the child is not a prerequisite. The key is the existence of an unreasonable risk of harm.

In a child endangerment case, the prosecutor needs to establish that you did one of the following:

  • Willfully inflicted unjustifiable physical pain or mental suffering on a child.
  • Willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering.
  • While having care or custody of a child, willfully caused or permitted the child’s person or health to be injured or
  • While having care or custody of a child, willfully caused or permitted the child to be placed in a situation where the child’s person or health was endangered.

Additionally, they must show that you were criminally negligent when you caused or permitted the child to suffer, be injured, or be endangered. This requires successfully demonstrating both intentional acts leading to harm or danger to the child and a level of criminal negligence on your part.

Penalties for Child Endangerment

Child endangerment is a wobbler offense.

If you did not expose the child to death or great bodily injury, you will face misdemeanor charges. A conviction is punishable by the following penalties:

  • Up to one year in jail.
  • A fine not exceeding $1,000.

If you expose the child to death or great bodily injury, you will face misdemeanor or felony charges.

A misdemeanor conviction is punishable by the following penalties:

  • Up to one year in jail.
  • A fine not exceeding $1,000.

A felony conviction is punishable by the following penalties:

  • A prison sentence of 2, 4, or 6 years.
  • A fine not exceeding $10,000.

Find a Criminal Defense Attorney Near Me

DUI causing injury is a serious offense, and the likelihood of a conviction increases without the intervention of a criminal defense attorney. A skilled attorney is essential for scrutinizing evidence, challenging legal procedures, and developing a strong defense strategy. Their expertise is invaluable in navigating complex legal proceedings, potentially resulting in reduced charges, case dismissal, or securing the best possible outcome. Engaging a defense attorney is a proactive measure to protect your rights and mount an effective defense against the charges you are facing.

The Fresno team at California Criminal Lawyer Group has vast experience in handling DUI-causing injury cases. We are best suited to help you challenge the charges and secure the best legal outcome. Give us a call today at 559-712-8377 and let us help you fight the charges adequately.