DUI WITH INJURY (VEHICLE CODE 23153)
At Chico Criminal Defense Lawyer I know how to handle every type of DUI, including felony DUI. A DUI becomes a felony when the driver has been arrested for at least four DUI offenses within the last 10 years or a DUI driver is involved in a vehicle accident and someone is injured other than the driver. Additionally, If you have a felony DUI all future DUIs are felonies for a period of time.
If you are arrested for driving under the influence while causing injury to another person you will be charged with a felony. The state of California will be required to prove that you drove while under the influence of alcohol or a drug and that while you drove, you committed an illegal act or you neglected to perform a duty and because of this someone is injured.
The state is required to prove that you caused injury to someone else. The injury itself is a term of art and at least one court has defined it as "harm or hurt to the body". Often times one is charged with DUI injury even when the accident is not the driver's fault. This can be a tricky issue because one may be under the influence but not at fault in an accident. The law states that you must have "caused" an injury to someone else.
If you are convicted of 23153 you can expect to be on formal felony probation for a period of three to five years and you could also spend time in prison.
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