Vehicle Code 23153

DUI CAUSING INJURY

In California, there are three main situations in which the prosecutor might choose to charge someone with a Felony DUI: (1) There was serious injury to a person other than the person being charged. (2) The person being charged, is on their 4th DUI (or more) within a period of 10 years. (3) The person being charged has at least one prior felony DUI charge on their record. If you have been charged or think there is any possibility that you might be charged with a felony DUI in Nevada or Placer County, you should stop searching around on the Internet for information and contact an experienced DUI attorney immediately.

Vehicle Code 23153 states:

(a) It is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

California Vehicle Code 23153 Vehicle Code defines the crime of "DUI causing injury" as driving under the influence and causing bodily injury to another person as a result. Prosecutors may charge Vehicle Code 23153 DUI causing injury as either a misdemeanor or a felony


Vehicle Code 23550

4TH DUI WITHIN 10 YEARS

 California Vehicle Code section 23550 states:

  1. If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of three or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination thereof, that resulted in convictions, that person shall by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not less than 180 days nor more than one year, and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (7) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

In a nutshell, Vehicle Code section 23550 factors any prior drunk driving conviction into a defendant’s current driving in an under the influence charge. Vehicle Code section 23550 states, in part, that this code section may be charged where a person, “is convicted of a violation of section 23152 and the offense occurred within 10 years of three or more separate violations of section 23103, as specified in section 23103.5 [reckless driving as a result of a plea of guilty or nolo contendere in place of an original charge of driving under the influence], or section 23152 [driving under the influence] or 23153 [causing bodily injury while driving under the influence], or any combination thereof.” It is important to note, that drunk driving priors resolved while the defendant was a juvenile may not be used under Vehicle Code section 23550.


Vehicle Code 23550.5

MISDEMEANOR DUI WITH PRIOR FELONY DUI CONVICTION

If a driver has been convicted of a prior felony DUI under any circumstance, and is subsequently arrested for another misdemeanor DUI within a ten-year period, then the subsequent misdemeanor DUI will be automatically elevated to a felony DUI.

It is important to note, that Vehicle code 23550.5 is a "wobbler". A "wobbler" is a crime that is punishable as either a misdemeanor or a felony. So, a person convicted ofVehicle Code 23550.5 can be punished by up to a year in the county jail or possible imprisonment in the state prison.