What is California Vehicle Code Section 23153? VC 23153 charges are used to prosecute “DUI causing injury” offenses. This means that you may face VC 23153 accusations if you were in an accident while driving under the influence (DUI) in California.
You can use this article to learn more about VC 23153 charges. Review the results of a VC 23153 conviction right now. You can also consider some possible defenses for DUI causing injury accusations in California.
Understand VC 23153 Charges in California
VC 23153 charges are very serious. You may face a VC 23153 accusation only in specific situations. In order to be accused of a DUI causing injury, you must:
- Violate any DUI law in California
- Break an additional traffic law or act in a reckless way
- Cause an accident that harms someone else
California’s DUI laws primarily deal with your blood alcohol content (BAC). Drivers must keep their BAC below set levels in order to legally operate a vehicle. You may face DUI charges if your BAC meets or exceeds 0.08%. You will need to maintain a lower BAC if you are under 21 or are a commercial driver.
However, just driving under the influence is not enough to result in a VC 23153 charge. You must also take another action that directly leads to an accident. You may be accused of VC 23153 if you exceed the speed limit or drive recklessly, for example.
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DUI Causing Injury Charges Are “Wobblers”
It’s important that you understand that VC 23153 is considered a “wobbler” in the state of California. Wobblers are offenses that are not always charged the same way. The prosecution may treat a wobbler as either a misdemeanor or a felony.
The prosecution chooses how to handle a wobbler. In order to decide on how to charge your case, they will consider the facts of your case. They may also look at your past criminal record. You may be more likely to face felony charges if you have multiple prior convictions.
You can speak to a lawyer if you are charged with a misdemeanor or a felony. A DUI lawyer in Los Angeles could begin working on your defense right now. Take charge by calling (310) 896-2723.
Results of a Conviction for a DUI Causing Injury
You may wonder what to expect from a conviction for DUI causing injury. The penalties are not the same for misdemeanor and felony offenses. Depending upon your situation, you may face a:
Misdemeanor Conviction
- Fines of up to $5,000
- Jail time of up to one year
- DUI school of up to 30 months
- Use of an ignition interlock device (IID)
Felony Conviction
- Fines of up to $5,000
- Prison time of up to four years
- A strike on your criminal record
- DUI school of up to 30 months
The court may also label you a Habitual Traffic Offender (HTO) after a DUI causing injury conviction. You would remain an HTO for three years after your conviction. You might also be required to install an IID after a felony conviction. IIDs are personal breathalyzer devices. They measure your BAC each time you try to turn on your vehicle. Note that, in some cases, you may face additional prison time.
Defenses for a DUI Causing Injury Accusation
You are not alone if you are accused of a VC 23153 violation in California. You can reach out to a Los Angeles DUI lawyer to get help on your side. A lawyer may be able to work to show that you were not driving under the influence at the time of your collision.
Your lawyer may also work to show that someone else caused the accident. Other drivers may cause an accident, even if you were operating a vehicle while under the influence. Your lawyer can visit the scene of the accident, speak with witnesses, and review the police report to find out who caused the collision.
Finally, a lawyer may take steps to demonstrate that the other driver was not harmed by the accident. Building a defense could help you avoid a DUI conviction in California. Get to work on your claim right now.
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Speak to a Lawyer About VC 23153 Charges
VC 23153 charges are used to prosecute drivers accused of a DUI causing injury. You may face this charge after a collision in California. The Simmrin Law Group can step in to build a defense for you. You can reach out to our DUI lawyers in Los Angeles right now. Just complete our online contact form or call (310) 896-2723.
We’re prepared to offer you a free consultation today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form