Driving under the influence (DUI) is a severe offense that can attract felony charges under Vehicle Code (VC) 23153 if you cause an accident that leads to the injury of another person. With so much at stake, you would not want to risk dealing with police officers and the prosecutor without an attorney if you are under arrest or investigation as a suspect in a “DUI causing injury” case.
As a matter of right, you deserve an attorney at every stage of the prosecution process to assist you in contesting the allegations you are up against for the best attainable outcome. Once a VC 23153 violation conviction is on your record, it could be challenging to have it erased. Speaking with a reliable DUI attorney soon after your arrest can maximize your chances of securing a favorable outcome.
If you are wondering what you are up against after an arrest for a VC 23153 violation, this article is for you.
Legal Definition of DUI Causing Injury Under VC 23153
According to VC 23153, it is illegal for any person to drive under the influence of alcohol or drugs and, while doing so, cause a collision or accident that injures another person.
In other words, a VC 23153 violation is an aggravated form of the regular DUI offense. It is worth noting that DUI offenses covered under this law include:
- Drunk driving under Vehicle Code 23152(a).
- Driving with a blood alcohol concentration (BAC) level of 0.08 percent or above under Vehicle Code 23152(b).
- Driving under the influence of controlled drug substances, including the lawful prescription drug Vicodin, under Vehicle Code 23152(f).
Below are a few examples of scenarios where the prosecutor or District Attorney (DA) could charge you with a VC 23153 violation:
- When drunk driving, you hit a tree, which falls on a bicyclist, breaking his/her leg.
- When operating with a BAC level exceeding 0,08%, you run over a pedestrian walking on a sidewalk.
What the Prosecution Must Prove for a VC 23153 Violation Conviction
To secure a conviction against you for a VC 23153 violation, the prosecution team must prove certain factors, also known as the elements of the crime, including:
You Were Driving a Vehicle
Like any other DUI offense, the prosecutor cannot obtain a conviction against you for a VC 23153 violation if there is no evidence to show you were operating a vehicle before your arrest. If your car was parked when the police officer arrested you, you would not be guilty of a VC 23153 violation.
When You Drove Your Car, You Were Impaired
The second crucial element the prosecution team must prove is that you drove an automobile while impaired or intoxicated by alcohol, drugs, or both. When you are impaired or otherwise "under the influence," you lack the physical and mental capabilities to operate a vehicle safely, as a sober driver would under similar conditions.
As previously mentioned, having a lawful prescription to use a specific drug is not a defense when charged with a VC 23153 violation.
You Neglected to Observe Your Duty of Care or Committed an Unlawful Act While Impaired Driving
For a VC 23153 violation conviction, the prosecution must prove that you neglected to observe your duty of care or committed an unlawful act, like failing to yield at an intersection or running a red traffic signal. You fail or neglect to observe a legal duty of care when:
- You do or commit an act that a sober and reasonably careful individual would not commit under the same circumstances.
- Fail or refuse to do an act that a cautious motorist would do under the same circumstances.
Your Failure to Observe a Duty of Care or Unlawful Act Caused Another Person to Suffer Injuries
Your unlawful act or negligence must cause injury to another individual to be guilty of a VC 23153 violation. Even if the injury the other person or motorist sustained was minor, you could be guilty of a VC 23153 violation.
Defenses to a VC 23153 Charge
If you have pending charges for a VC 23153 violation, a skilled DUI attorney can explore various defenses to aid you in challenging the allegations for the best possible outcome. Common and viable defenses that your defense attorney could use to challenge the alleged VC 23153 violation include the following:
You Were Not Impaired or Intoxicated
As mentioned above, for a VC 23153 violation conviction, the prosecutor has the legal burden to prove that you were impaired or intoxicated. A seasoned defense attorney can argue that you were not intoxicated in any way, meaning you could drive a vehicle like a cautious driver would under similar circumstances.
However, this defense will not work in your favor if the prosecutor can prove that you failed all the administered sobriety tests, including the preliminary alcohol screening (PAS) test and chemical test after an arrest.
You Did Not Cause Any Injury
It is a valid defense to argue that you did not cause another person’s injury even though you were drunk while driving. For instance, if it was rainy or foggy and you were involved in a car accident, your attorney can argue that bad weather was the cause of the accident to secure a reduced charge or acquittal of the case.
Your BAC Was Below 0.08%
If the prosecutor argues that your “DUI causing injury” case was due to alcohol intoxication, you can challenge the accuracy of the chemical test to obtain a favorable outcome. For instance, your DUI attorney can argue that the equipment or containers the investigating officers used to store your blood or urine samples were tainted and unsterilized, leading to inaccurate readings or results.
Your BAC results could also be inaccurate if the breathalyzer the arresting officer used to determine whether you were drunk while driving was faulty. If the judge finds this defense viable, he/she could drop or reduce the alleged VC 23153 violation to a less severe crime like wet recklessness.
You Were Not Driving
If you were in your parked car, the judge would not convict you of a VC 23153 violation, even if you were intoxicated when the police arrested you. With adequate evidence to prove that your car’s engine was off when the police arrested you for a VC 23153 violation, the judge could dismiss or reduce your charges.
You Did Not Commit Any Unlawful Act
You would not be guilty of a VC 23153 violation unless the prosecutor could prove that you committed an unlawful or negligent act. That means your DUI attorney can contest this charge by arguing that you did not commit any unlawful act or violate your legal duty of care to secure a desirable judgment.
Prefiling Intervention After an Arrest for a VC 23153 Violation
Sometimes a reduced charge or dismissal of your charges under VC 23153 is possible through a prefiling intervention. Since the prosecutor can file a VC 23153 violation as either a misdemeanor or a felony, filing an intervention before the prosecutor formally files your case is crucial.
When you retain an attorney soon after your arrest for a VC 23153 violation, he/she can negotiate with the arresting officers and the prosecutor to file your case as a misdemeanor instead of a felony that carries harsher penalties.
A prefiling intervention after an arrest as a suspect in a “DUI causing injury” case can help mitigate the facts surrounding you, the defendant, including:
- Your character, reputation, accomplishments, and background.
- Collateral consequences in case of a felony VC 23153 violation conviction.
An aggressive intervention could give the prosecutor a reason to file your case as a misdemeanor instead of a felony.
Potential Sentence You Could Receive for a DUI Causing Injury Conviction Under VC 23153
As previously mentioned, the prosecutor has total discretion to file the offense of DUI causing injury as either a felony or misdemeanor because it qualifies as a wobbler crime. The prosecutor’s decision on how to file your offense will depend on the following:
- Circumstances and facts of your unique case.
- Your criminal history, specifically DUI-related convictions.
Upon a conviction for a misdemeanor DUI causing injury offense, your sentence could include the following:
- Detention in the county jail for a maximum of one (1) year.
- A fine amounting to up to $1,000.
- Suspension of your driver’s license for a maximum of one (1) year.
- Pay the required restitution to the victim.
- Misdemeanor or informal probation for a maximum of five (5) years.
- Enroll in a DUI education program for not less than thirty (30) months.
When the prosecutor files your DUI-caused injury case as a felony, a conviction can make you subject to the following potential penalties:
- A jail time of not less than four (4) years.
- Up to $5,000 maximum fine.
- 5-year driver’s license suspension.
- Victim restitution.
- Attend a 30-month DUI school.
If someone else sustained a severe physical injury, a felony VC 23153 violation conviction would count as a “strike” on your record under Penal Code 667 PC. That means your subsequent felony convictions will attract harsher penalties, including up to twenty-five (25) years to life in state prison.
If granted probation instead of a jail sentence, you should be ready to comply with the set terms and requirements for the maximum period required by the court. Your probation conditions could include the following, regardless of whether it is your first or subsequent VC 23153 violation conviction:
- Stay crime-free.
- Agree to submit a chemical or breath test upon arrest on suspicion that you were drunk driving.
- Refraining from operating a car with any calculable BAC.
Offenses Related to a VC 23153 Violation
If the DA or the prosecutor cannot obtain a conviction against you for a VC 23153 violation due to insufficient or unclear evidence, he/she could charge you with a standard DUI offense under VC 23152 for impaired driving. With sufficient mitigating evidence and arguments, the prosecutor could also agree to reduce the offense to a wet reckless offense under VC 23103.5.
Other related offenses he/she could file against you instead of or in addition to a VC 23153 violation include the following:
Vehicular Manslaughter While Impaired
According to PC 191.5, you commit the offense of vehicular manslaughter while impaired or intoxicated when you do the following:
- Cause a collision or accident when another person dies.
- Do so due to gross negligence or drug or alcohol intoxication.
Unlike a VC 23153 violation, this offense is chargeable and punishable as a felony with a potential prison sentence of up to ten (10) years.
Felony Hit and Run
VC 20001 defines the crime and penalties for a felony hit-and-run with injury. According to this statute, fleeing an auto accident scene where someone has died or sustained an injury is unlawful.
When the prosecutor files your case as a misdemeanor, a VC 20001 violation conviction could attract a jail term of not more than one (1) year and a fine of between $1,000 and $10,000. If the prosecutor obtains a guilty verdict for a felony VC 20001 violation, your sentence could include two, three, or four years in state prison and a fine of between $1,000 and $10,000.
Child Endangerment
You commit the offense of child endangerment when you willfully and knowingly expose a minor (a person under 18 years old) to unjustifiable suffering, danger, or pain. You could be guilty of a child endangerment offense under PC 273a(a) even if the following is true:
- The child did not sustain or suffer any physical injury.
- You are not the child’s parent.
If the child were not at risk of bodily injury or death, the prosecutor would file a child endangerment offense as a misdemeanor. Upon a conviction under this statute, your sentence could include the following:
- A fine amounting to up to $1,000.
- A maximum of one (1) year in jail.
- Misdemeanor probation.
Find a DUI Attorney Near Me
We invite you to call our dedicated DUI attorneys at Jonathan Franklin DUI Attorney at 323-464-6700 if you are under investigation or arrested for DUI causing injury in Los Angeles. We will offer you the legal assistance and representation you need to obtain the best possible outcome on the alleged VC 23153 violation.
