Driving under the influence (DUI) seriously hampers a person's mental and physical abilities, posing a risk to their safety and others on the road. Alcohol and specific drugs can significantly compromise an individual's capacity to operate a vehicle safely, heightening the chances of accidents and injuries.

In California, if a DUI incident results in injuries to another person, it may result in charges under Vehicle Code (VC) Section 23153, a specific provision addressing DUI-causing injury. Bakersfield attorneys at the California Criminal Lawyer Group break down the crime and the possible defenses to challenge the charges.

DUI Causing Injury Under California Law

For most drivers, the legal blood alcohol concentration (BAC) limit stands at 0.08%. If your BAC hits or exceeds 0.08%, you are officially deemed impaired, and it is illegal to be behind the wheel in this state. However, commercial drivers, including those with a commercial driver's license (CDL), face stricter regulations, with a lower BAC limit set at 0.04%. These tougher standards for commercial drivers stem from the critical responsibility of handling large, potentially hazardous vehicles, where any impairment could result in severe consequences. All these are addressed under Vehicle Code 23153.

Moreover, there is a "zero tolerance" policy for underage drinking and driving. This means that individuals below the legal drinking age of 21 are strictly prohibited from operating a motor vehicle with even a trace of alcohol in their system. This policy is often termed "zero tolerance DUI" or "underage DUI."

Driving with a BAC that exceeds the legal limit jeopardizes the driver's safety and poses significant risks to fellow road users.

You could face criminal liability under VC 23153 if prosecutors establish specific elements of the offense. This law pertains to DUI causing injury, and for the prosecution to establish criminal liability under this law, they need to prove the following:

  1. You were driving a motor vehicle while impaired by alcohol or drugs — This often involves presenting evidence of a high blood alcohol concentration (BAC) or clear signs of impairment.
  2. Your impaired driving directly caused injuries to another person — These injuries can range from minor to severe, but they must be a direct result of the DUI.
  3. Your actions went beyond negligence and amounted to criminal conduct — This can involve recklessness or willful misconduct.

Let us look at the elements in detail.

  • Driving Under the Influence

The term "under the influence" is central in various sections of Vehicle Code Section 23152, dealing with DUI laws. It signifies a state in which a person's physical and mental abilities are significantly impaired due to alcohol or drug consumption, rendering them unfit for safe vehicle operation. Here is how it is defined in different subsections of VC 23152:

  1. DUI under VC 23152(a) — This subsection makes it illegal to operate a vehicle while under the influence of any alcoholic beverage.
  2. Driving with a BAC of 0.08% or higher — Under the influence per VC 23152(b) is having a blood alcohol concentration (BAC) of 0.08% or more by weight of alcohol in the blood. This establishes a specific BAC limit for driving.
  3. Driving under the influence of drugs per VC 23152(f) — Under the influence means being impaired by any drug. The law considers prescription, over-the-counter, or illegal drugs. It forbids driving after consuming drugs because they affect physical or mental abilities.

The core factor is impairment. The focus is ensuring that individuals drive with the same caution and care as sober people under similar circumstances.

  • Negligence or Criminal Conduct

In DUI-causing injury cases, two important aspects must be proven:

  1. You either were negligent or
  2. You engaged in criminal conduct.

Acting negligently refers to your actions while driving under the influence (DUI), which harmed another person due to your impaired state. Negligence means that you failed to exercise reasonable or ordinary care and caution while operating a vehicle, ultimately leading to injuries suffered by others.

Courts consider several key issues in determining whether a driver was negligent:

  1. You had a legal obligation to operate your vehicle safely and per the law, which includes refraining from driving while impaired.
  2. Unfortunately, you breached this legal obligation by driving under the influence of drugs or alcohol, impairing your ability to drive safely.
  3. Your impaired driving directly caused or contributed to the injuries sustained by another person — Your negligence (DUI) and the injuries suffered must have a clear connection.
  4. It should have been foreseeable that driving under the influence could lead to accidents and injuries — You should have reasonably anticipated this risk.
  5. The injured party must have suffered actual harm or damage, including physical injuries, medical expenses, property damage, or emotional distress.

Note: You fail to exercise ordinary care if you either:

  1. Take an action that a reasonably careful person would not take in the same situation or
  2. Fail to take an action that a reasonably cautious person would take in the same situation.

On the other hand, criminal conduct goes beyond mere negligence. It includes actions or behaviors by a driver driving under the influence (DUI) that reach a level of criminality. This type of conduct usually involves a conscious and reckless disregard for the safety of others, which leads to injuries. A prime example is running a red light.

Common Defenses in DUI-CAusing Injury Cases

With the assistance of a seasoned criminal defense attorney, you can build a robust defense against DUI-causing injury charges. Our highly skilled California Criminal Lawyer Group team provides invaluable support and guidance throughout your legal journey. Let us explore some common defense strategies we can use to contest the accusations and work towards a favorable resolution:

  • You Were Not Under the Influence

This defense aims to contest the prosecution's claim that you were impaired by alcohol or drugs during the accident, resulting in the injuries.

Attorneys could argue that there is a lack of compelling or conclusive evidence supporting the assertion that you were under the influence. This could involve scrutinizing the accuracy and reliability of tests like BAC assessments, field sobriety tests, or the observations made by law enforcement officers.

  • Alternative explanations — Another approach is presenting alternative reasons for the accident and injuries. This approach proposes that factors unrelated to impairment were the primary causes. This could involve arguing that road conditions, the actions of other drivers, or mechanical issues significantly contributed to the incident.

  • Rising BAC

You can assert that your BAC was below the legal limit while driving. However, it had risen to an illegal level by the time testing took place, usually after your arrest.

There is often a significant delay between when you were driving and when a blood or breath test was administered. During this time, your body continues to metabolize alcohol. By the time the BAC test is conducted, your BAC could have exceeded the legal limit due to ongoing metabolic processes. As a result, the test could show a reading above the legal threshold.

The rising BAC defense challenges the reliability of the BAC test results. It suggests you were not over the legal limit while driving but reached that level later.

A rising BAC occurs due to ongoing metabolic processes, even after you stop consuming alcohol. Several factors contribute to this, including:

  • Alcohol absorption — After you consume alcohol, it is absorbed into your bloodstream through your stomach and small intestine. The absorption rate varies based on factors like the type of drink and whether you have eaten.
  • Peak BAC delay — The peak BAC, when alcohol concentration is highest in your bloodstream, is typically reached within 30 minutes to 2 hours after drinking. This timing is influenced by factors, for example, how quickly you consume alcohol and your characteristics.
  • Metabolism — Your body metabolizes alcohol over time, primarily in the liver, with an estimated reduction rate of about 0.015% to 0.020% per hour.
  • Elimination — Alcohol is eliminated from your body through metabolic processes, for example, breath, urine, and sweat, even after you have stopped drinking.
  • Stomach residue — Any remaining alcohol in your stomach can continue to be absorbed into your bloodstream, contributing to a rising BAC.

  • The Victim Did Not Sustain Any Injuries

In a DUI-causing injury case, asserting that the victim did not sustain injuries centers on the assertion that injuries did not directly result from your DUI incident. It challenges the prosecution's claim that your impaired driving caused harm to another person. Remember, the prosecution must prove that your actions led to injuries. If they cannot clearly connect your DUI and the injuries, this defense could work in your favor.

Your attorney will scrutinize the evidence put forth by the prosecution. This entails a close examination of:

  • The accident circumstances.
  • A review of medical records.
  • Careful analysis of witness statements and
  • An assessment of available surveillance footage.

Moreover, your defense team could offer alternative explanations for the injuries. Attorneys could suggest that factors beyond impairment, like road conditions, the actions of other drivers, or mechanical issues, played a role.

It is worth noting that the effectiveness of this depends on the specific details of your case. This defense could have limited success if injuries are indisputably linked to the DUI incidents. However, this defense could carry more weight if there are doubts about the cause of the injuries or if they were minor or unrelated to the DUI.

Remember that you could face DUI-related consequences even if injuries are not a factor.

  • You Did Not Engage in an Illegal Act

Your defense attorney will thoroughly examine the legal aspects of your case. This typically involves a close scrutiny of whether the prosecution can prove that you were driving under the influence of alcohol or drugs and whether your actions violated specific laws. Your attorney will assess the evidence presented by the prosecution. This could include:

The results of field sobriety tests.

  • Breathalyzer or blood tests, and
  • Statements from witnesses.

If there are any discrepancies or doubts concerning the accuracy of this evidence, it can significantly strengthen your defense strategy.

Furthermore, your attorney could investigate potential procedural errors that could have occurred during your arrest or the testing procedures. Mistakes made by law enforcement or issues linked to how tests were administered have the potential to render evidence inadmissible in court.

As part of this defense strategy, your attorney could also present alternative explanations for your behavior or the circumstances surrounding your arrest. For example, if you were pulled over for erratic driving but can provide a reasonable explanation unrelated to impairment, this can cast doubt on the DUI charge.

Penalties for Causing an Injury While Driving Under the Influence

DUI-causing injury offenses are wobbler offenses. Prosecutors could pursue misdemeanor or felony charges. A conviction results in various penalties, depending on the charges you are found guilty of.

Penalties for misdemeanor violations include the following:

  1. Summary probation for three to five years instead of jail time.
  2. A jail term of up to one year.
  3. A fine of up to $5,000.
  4. Enrollment and completion of a court-approved DUI education program.
  5. A driver’s license suspension for up to three years.
  6. Restitution fees to the affected parties.

Penalties for felony violations include the following:

  1. Formal probation for up to four years instead of prison time.
  2. A prison sentence of up to one year.
  3. A fine of up to $5,000.
  4. Enrollment and completion of a court-approved DUI education program.
  5. habitual traffic offender status (HTO) for three years.
  6. A driver’s license revocation for three years.
  7. Restitution fees to the affected parties.

Impact on Gun Rights

Felony charges can result in the forfeiture of your gun rights. California law typically prohibits individuals convicted of felonies from possessing firearms. This loss of gun rights stems directly from the conviction and carries lasting ramifications.

Related Offenses

  • Gross Vehicular Manslaughter While Intoxicated

Tragically, there are cases where someone's intoxicated driving can lead to the loss of a victim's life. In response to these devastating incidents, California's legal system employs PC 191.5(a). This statute deals explicitly with vehicular manslaughter while intoxicated.

Under this law, you will be criminally liable when you cause another person’s death while driving a vehicle under the influence of alcohol, drugs, or both.

In a gross vehicular manslaughter while intoxicated case, there are specific elements that prosecutors must definitively prove:

  1. You operated a vehicle while impaired by alcohol or drugs.
  2. While driving under the influence, you also engaged in another infraction, misdemeanor, or lawful act that could cause death.
  3. You committed this infraction, misdemeanor, or lawful act with a clear and blatant lack of care or recklessness, legally termed "gross negligence."
  4. Your grossly negligent behavior directly resulted in the death of another person.

These elements collectively serve as the foundation for a charge of gross vehicular manslaughter while intoxicated. It is incumbent upon prosecutors to furnish evidence conclusively supporting each of these elements beyond any reasonable doubt to secure a conviction.

Gross negligence goes beyond ordinary negligence. It is an even greater degree of carelessness or recklessness. It is your conscious and extreme disregard for the safety of others or the foreseeable consequences of your actions. In simpler terms, it is when you knowingly and recklessly act, you completely ignore the safety and well-being of others.

Penalties for a PC 191.5(a) Violation

Gross vehicular manslaughter is a felony offense. Convictions are punishable by the following:

  1. Felony probation.
  2. Four, six, or ten years imprisonment.
  3. A maximum fine of $10,000.

  • Vehicular Manslaughter While Intoxicated

Vehicular manslaughter while intoxicated charges are specifically addressed in California Penal Code Section 191.5(b). This legal provision comes into play when an individual was behind the wheel of a vehicle under the influence of drugs or alcohol and, as a result, either drove recklessly or committed an offense that tragically led to the death of another in an accident related to DUI.

What sets Section 191.5(b) apart from Penal Code Section 191.5(a) is that it does not require proof of gross negligence. The crucial distinction is that Section 191.5(b) applies when a person causes another person's death while driving under the influence, engaging in reckless behavior, or committing an offense without the necessity of proving gross negligence.

The prosecutor must successfully prove the following:

  1. The defendant operated a vehicle while under the influence of alcohol or drugs.
  2. During this act, the defendant committed another misdemeanor, an infraction, or engaged in a lawful act with a notable risk of causing death.
  3. The defendant's conduct was marked by ordinary negligence, not gross negligence.

This ordinary negligence directly led to the death of another person.

Note: Ordinary negligence describes a failure to exercise the level of care that a reasonably cautious person would apply in comparable situations.

Penalties Under 191.5(b)

Vehicular manslaughter is a wobbler offense.

Convictions resulting from misdemeanor charges result in the following penalties:

  1. Summary or misdemeanor probation.
  2. A jail sentence of up to one year.
  3. A fine of up to $1,000.

Convictions resulting from felony charges result in the following sentences:

  1. Formal or felony probation.
  2. A prison sentence of up to four years.
  3. A fine of up to $10,000.

  • Felony Hit and Run Causing Injury or Death

A felony hit and run with injury or death is a grave criminal offense per VC 20001. It occurs when an individual is part of a motor vehicle accident causing injury or death to another person and deliberately departs from the accident scene without meeting their legal obligations.

Prosecutors have to establish four critical elements:

  1. You were involved in a vehicle accident while driving.
  2. The accident resulted in injury or death to someone other than yourself.
  3. You knew or reasonably should have known that you had been part of an accident causing injury or death to another person.
  4. You willfully failed to carry out one or more of the following duties:
    1. Immediately stop at the accident scene.
    2. Offer reasonable assistance to any injured person from the accident.
    3. Provide your personal information, for example, name and current address, to the injured person or any police officer at the accident scene.

These elements lay the foundation for a successful hit-and-run felony conviction.

No matter who is at fault, every driver is legally obligated to stop when they are in an accident causing injury or death to someone else. This duty is a fundamental legal responsibility designed to prioritize the safety and welfare of everyone on the road.

Penalties for Felony Hit and Run Causing Injury or Death

Though the offense is referred to as a felony, a violation of VC 20001 is a wobbler offense.

Misdemeanor convictions result in the following penalties:

  1. Summary or misdemeanor probation.
  2. A jail sentence of up to one year and/or
  3. A fine ranging from $1,000 to $5,000.

Convictions on felony charges result in the following punishment:

  1. Formal or felony probation.
  2. A jail term of up to four years and/or
  3. A fine ranging from $1,000 to $5,000.

Is a Third DUI Conviction that Results In Injury Still Considered a Felony, Even If it is The First DUI Causing Injury Conviction?

Whether a DUI causing injury is classified as a felony or a misdemeanor depends on multiple factors. These factors include:

  1. The nature of your prior DUI convictions and
  2. The extent of injuries in the current case.

Contact an Experienced Bakersfield Criminal Defense Attorney Near Me

Each DUI-causing injury case is unique, and the outcome depends on your situation's specific details and context. An experienced attorney will thoroughly assess your circumstances and formulate the strongest possible defense strategy to protect your rights and achieve the most favorable resolution.

When facing DUI-causing injury charges in Bakersfield, contact seasoned Bakersfield attorneys specializing in DUI defense at the California Criminal Lawyer Group. We offer invaluable guidance, unwavering support, and customized legal representation, ensuring your rights are upheld and working diligently to secure the best possible outcome for your case. Our team is ready to assist. Therefore, call us today at 661-750-8230 to schedule your initial free case evaluation.