You were driving in Los Angeles County when you were involved in a car accident. A pedestrian or another driver was injured. You failed breath and/ or field sobriety tests. You were arrested and charged under California Vehicle Code 23153. Now you feel like there’s no way you can avoid a DUI conviction in California.
You’re wrong.
What is Driving under Influence of Alcohol or Drugs Causing Injury?
Any driver of a passenger vehicle with the blood alcohol concentration, or BAC, of 0.08 percent or higher violates the law when causing an accident with injuries. It is illegal under VC 23153 to be drunk or high while operating a motor vehicle. The driver can also face a DUI charge when acting negligently and causing an accident that leaves someone injured. The BAC is lower for commercial drivers. In fact, a commercial driver may be charged under VC 23153 when his BAC is 0.04 percent or higher.
How to Challenge a VC 23153 Charge
To avoid conviction of DUI causing bodily injury, it’s important to challenge the elements of the charge.
Were you intoxicated? This question challenges whether you were actually under the influence of drugs and/ or alcohol at the time of the accident. The term “under the influence” means you have a blood alcohol concentration, or BAC, level at 0.08 percent or greater.
The state must have evidence other than the car crash to back up the charge such as:
- Proven blood or breath test
- Proven field sobriety tests
- Arresting officer’s observations
Did you act negligently or violate a traffic law too?
The law requires any driver charged with this crime break another law during the commission of crime. In other words, while you were allegedly driving drunk, you ran a red light or missed a stop sign. Other types of traffic law violations include:
- Speeding
- Texting while driving
- Failing to yield the right of way
- Tailgating
Did the negligent act cause someone’s injuries? The last element of this charge is connecting the unlawful act with another person’s injuries. For example, a driver who ran a red light while under the influence would be charged if he struck a pedestrian.
Are your facing DUI charges for causing bodily harm? Have you been arrested for DUI? Contact the Law Offices of Jonathan Franklin. Whether it’s a misdemeanor or felony DUI charge, Attorney Jonathan Franklin knows how to defend you against DUI charges. He will discuss your case and its potential defenses during your free consultation. His goal is your goal. The best possible resolution to your DUI charge.
