It is delineated under two sets of legal codices: the Vehicle Code and the Criminal Code (also known as the Penal Code). The impact of a DUI conviction can haunt a person for years to come. A high BAC is a blood alcohol concentration of 0.15 or higher. Following every DUI arrest, you must submit to a breathalyzer or blood test to measure your BAC (blood alcohol content).2 But you can be convicted of DUI of alcohol even if the alcohol test results are within the legal limit of less than 0.08%. Felony DUIs are extremely serious because Judges tend to treat people much more harshly, knowing that the person is a repeat offender, and now the Judge has the ability to send you to State Prison for a long time in order to keep the streets safe from your driving. Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. As with the crime of DUI with injury, a prosecutor can charge child endangerment as either a misdemeanor or a felony depending on the facts of the case. . App. In convicted of a felony VC 23153 prosecution, the penalties include: Two, three, or four years in a California state prison. $390 to $1,000 in fines, plus penalty assessments; 6-month drivers license suspension, though you can usually drive immediately if you install an ignition interlock device (IID) in your vehicles for 6 months; 48 hours to 6 months in jail (judges typically order no jail if they grant probation); and, 2-year drivers license suspension, though you can usually drive immediately with an IID in your cars for 1 year; and. If you are charged with violating California Vehicle Code 23152, you may be looking at a criminal record, losing your driving privileges, and thousands in fines, fees and costs. In this article, our California DUI attorneys will discuss in more depth the instances where DUI is a felony offense: It should be noted that numbers (1) and (2) above could potentially be charged as misdemeanor offenses at the discretion of the prosecutor. Many counties will impose an additional county jail sentence for driving under the influence if you caused an accident, even though the accident did not result in injury. Depending on the case, prosecutors may be willing to plea bargain DUI down to such charges as wet reckless (VC 23103.5) or dry reckless (VC 23103). Do I get my DL back? Fax: 909.942.2532 However, what elevates a DUI to a Felony under VC 23152, occurs if the person has suffered three or more prior DUI convictions within a 10-year period. The motorist is injured in the accident. A defense, then, is for a defendant to show that he/she was not intoxicated or impaired in any manner. Definitely recommend! But a good attorney can often get penalties reducedand sometimes even get the case dismissed, A good DUI attorney may be able to get the license suspension reduced, or even avoided altogether. Section 23540 VC includes enhanced penalties for a second DUI in addition to the initial penalties you will face for your second DUI offense. Are there common defenses to Vehicle Code 23153 charges? a strike on your record pursuant to Californias Three Strikes law. First and second offenses are generally prosecuted as misdemeanors and will be detailed as such for purposes of this penalty section (which is why the range of penalties listed is so extreme). You have 3 or more prior DUI or wet reckless convictions within a ten-year period, 3. does something that a reasonably careful person would not do in the same situation, or. Learn more here.). See also. 3d Dist., 2020), 260 Cal. In the event of a DUI incident or collision where the driver causes injury to another party, the offender can be charged with more than a simple DUI (VC 23152).Under California Vehicle Code 23153 (VC 23153), DUI causing bodily injury is a misdemeanor or a potential felony-level offense that is punishable with hefty fines, license suspension, court-mandated classes, and even a prison sentence . Last but not least, if the Defendant caused bodily injury or death as a result of driving under the influence or in a negligent manner that shows signs of consumption, the conviction automatically becomes a felony and will be prosecuted differently. This is easy if you are alone, in your car, in the middle of the night. there was no illegal act or failure to perform a legal duty. A felony DUI can be charged for various, more severe cases of operating a vehicle under the influence and is punishable with several years in prison, hefty fines, and the loss of a drivers license for numerous years. This request postpones your license suspension until the resolution of the administrative per se hearing and may even result in your license suspension being set aside. 2023 Inland Empire Criminal Defense. The schedule recommends an additional $10,000 if the . The law enforcement officers did not give you the correct instructions. California DUI Lawyers DUI Laws & Penalties. See also. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving. California has two primary DUI laws for adult drivers: Most people arrested for DUI in California get charged with both of these sections. The impact of a DUI conviction can haunt a person for years to come. Note that if a person receives probation for this offense, a judge can order that the defendant install an ignition interlock device as a probation condition. A defense, then, is for defendants to show that the police stopped them without probable cause. People v. Lopez (Cal. There, police can likely show that you committed a hit and run, but likely by the time they speak to you, youve already sobered up. If a Defendant is convicted of a felony DUI, he/she will face hefty fines and a suspended license for up to four years. Penalty For A First DUI In California A first DUI conviction under VC 23152 shall be punished by imprisonment in the county jail from 96 hours to 6 months, and by a fine of $390 to 2,000. 2018), 239 Cal. Are There Alternative Sentencing Options for a California DUI? This is because misdemeanor DUIs involving alcohol usually do not qualify as crimes involving moral turpitude.13 Learn more about how DUI affects immigration. But a good attorney can often get penalties reducedand sometimes even get the case dismissed, A good DUI attorney may be able to get the license suspension reduced, or even avoided altogether. References: [1] California Vehicle Code 23622 - California DUI penalty statute that discusses the effect of prior conviction on sentencing. In many cases, you can continue driving as long as you have an ignition interlock device (IID)installed. Our attorneys provide legal advice on how to avoid a DUI conviction. A California DUI can be charged as a felony if (1) a third party was injured, (2) it's a fourth time DUI, (3) the person has a prior felony DUI conviction. In addition to the criminal penalties described above, when California courts impose a DUI sentence that includes probation, the following conditions are alwaysincluded29: Depending on the circumstances, the following conditions of DUI probation maybe imposed: Violation of these terms can result in the consequences associated with aDUI probation violation.31. If charged as a felony offense, the crime is punishable by up to 3 years in state prison. A minimum of 120 days to a maximum of one year in county jail. The consequences of asecond California DUI conviction within ten years include8: Example: Different counties set different standard sentences for second-time drunk driving conviction. Driving under the influence of drugs is addressed in Vehicle Code 23152(f) VC. Three of the most common defenses include DUI lawyers showing that the defendant: Drivers are only guilty under VC 23153 if they injured a person when operating a motor vehicle while under the influence of alcohol and/or drugs. Habla espaol? For additional guidance or to discuss your case with a California DUI attorney, we invite you to contact our law firm at the Shouse Law Group. Your California DUI lawyer will be able to explain all the penalties involved, defense strategies, and how you can keep your license. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. when he/she drove a vehicle, the defendant was under the influence of an alcoholic beverage/or a drug/or an alcoholic beverage and a drug, while driving a vehicle under the influence, the defendant also committed an illegal act/or neglected to perform a legal duty, and. How does California law define DUI causing injury? enhanced DUI penalties for excessive BAC or test refusal VC 23578. Motorists who display signs and symptoms of intoxication can be charged with this DUI section even if there is no evidence that their blood alcohol concentration measures above the legal limit of .08%. It is imperative that if you are charged with Driving Under the Influence of Alcohol, you contact an experienced DUI lawyer as soon as possible. . A drunk or drugged driving accident causing injury or death will be charged as a felony. completion of a court-approved DUI school, Habitual Traffic Offender (HTO) status for three years, and. Aggravating Factors that May Increase Your Sentence. Legal Definition: A DUI can be found in multiple ways, but most commonly, you can be found guilty of a DUI if you are found to be driving a vehicle under the influence of alcohol or a drug or you are driving a vehicle with a Blood Alcohol Content (BAC) of .08 or higher. A few common defenses include defendants showing that: Depending on the facts of the case, a district attorney or prosecutor can charge violations of California Vehicle Code Section 23153 as either a misdemeanor or a felony. California DUI lawyers discuss Vehicle Code 23153 VC, in which a drunk driving suspect who causes a crash with injuries faces felony charges. Thus, you can be arrested and charged with driving under the influence, even if youre BAC is under the well-known limit of .08. For purposes of this subdivision, passenger for hire means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. 5. The impact of a DUI conviction can haunt a person for years to come. Not having enough probable cause to make your DUI arrest, having a child under 14 in the vehicle (VC 23572), DUIs and commercial driver licenses (VC 23152(d)), zero tolerance for underage DUI defendants (VC 23136), People v. Randolph (Cal. And see our article about DUIs and commercial driver licenses (VC 23152(d)). Our California criminal defense attorneys and DUI attorneys will highlight the following in this article: Vehicle Code 23153 VC defines the crime of DUI causing injury. 3d 418, 56 Cal. The prior DUI convictions may include violations of 23103.5 ("Wet" Reckless), 23152, or 23153, or any combination of the three. 3 Ways a California DUI Can Be Charged as a Felony, Hit and Run Laws (VC 20001/VC 20002) in California, Engaging Speed Contest Laws (VC 23109) in California, DUI with Injury Laws (VC 23153) in California, Reckless Driving Laws (VC 23103/VC 23104) in California, Driving on a Suspended/Revoked License Laws (VC 14601(a)) in California, Second, Third and Fourth DUI Laws (VC 23152) in California, VC 23152(g) Driving Under the Influence of a Combination of Alcohol and Drugs Laws in California, VC 23152(c) Driving While Addicted to Drugs Laws in California, VC 23152(e) DUI by Uber, Lyft, Taxi or Other Hired Drivers Laws in California, VC 23152(d) Commercial Driver DUI Laws in California, VC 23152(f) Driving Under the Influence of Drugs Laws in California, Vehicle Code 4461: Misuse of Handicap Placard Laws in California, Vehicle Code 31: Providing False Information to Police Officer Laws in California. If you lose the criminal case, the suspension lasts 6 months. Some of the criminal penalties associated with a conviction under California Vehicle Code 23540 include: Fines as high as $1,000. Our California DUI lawyers are here to keep you out of jail, and to protect your record and your license. Vehicle Code 23536; VC 23540; VC 23646; and VC 23566. 5th 393, People v. Schoonover (1970) 5 Cal.App.3d 101, People v. Wood (1989) 207Cal.App.3d Supp. 1 year if you install an IID. In essence, the two DUI crimes melt into one.4, (You may face charges of only VC 23152(a) if you refused chemical testing or if the blood results are still pending.). They were so pleasant and knowledgeable when I contacted them. However, there are many mitigating factors that can be used, such as getting you into an inpatient or outpatient program for your drinking, or to attend AA/NA classes, or even starting your DUI class early. 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