Definition

DUI with Injury under California Penal Code Section 23153, describes committing a DUI offense – or driving under the influence of alcohol  and drugs. In addition, as a result of this impairment, an injury is inflicted on someone else.

Elements of the Crime

In order to take a DUI with Injury CVC 23153 case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant was drinking and driving

·         That the defendant was operating the vehicle in a negligent manner

·         That the defendant injured another party

Sentencing  for California Vehicle Code 23153

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of DUI with Injury, it is usually filed as either a misdemeanor or  felony, with sentencing that includes:

California DUI with Injury Misdemeanor

·         Up to 1 year in jail

·         Fines of up to $5,000

·         License suspension of up to 3 years

·         DUI school or a drug education program of up to 30 months

The defendant may also be ordered to pay victim restitution.

California DUI with Injury Felony

·         Up to 5 years imprisonment

·         Fines of up to $5,000

·         License suspension of up to 5 years

·         DUI school or a drug education program of up to 30 months

The defendant may also be ordered to pay victim restitution.

Legal Defenses for California Vehicle Code 23153

A good criminal defense attorney is able to present strong defenses for DUI with Injury cases under California Vehicle Code 23153. Some defenses include that the defendant was not intoxicated, nor driving in a reckless manner.

To  prove your innocence or get the best outcome for your case, MacGregor and Collins has successfully defended  numerous DUI with Injury cases. Call (949) 250-6097 to speak to a California DUI lawyer today.

Learn more about other California Section Penal Codes here.