Many San Diego county DUI cases involve collisions. The police at the scene are quick to charge someone felony DUI when it may not be the case. The person usually bails out with a substantial bail and a fast approaching court date. The key is to get the ball rolling and be proactive. I want to focus on Felony DUIs, specifically those which involve injuries. Call our office now to be proactive at 858-751-4384.
A felony is generally considered to be a crime of high seriousness that has severe repercussions on others and society. When imprisonment is involved the sentence is usually one year or more.
If you or a loved one were stopped for a felony DUI, call our San Diego felony DUI lawyer immediately at 858-751-4384. The key is to be proactive. Our firm will be proactive and have the most effective defense for you and attempt to avoid a felony DUI conviction.
A Felony DUI is a Serious Issue.
The key for many San Diego county DUIs is to examine whether the injuries amount to a felony DUI. Many cases get reduced because upon examination the other people are not injured as much as the police officer thought when he drafted the report. The officer sees the people go off in an ambulance. The officer does not realize the other driver took a precautionary Xray and was released after a few hours at the hospital. This is one example of how a case needs to be examined. Call our office now to be proactive at 858-751-4384.
As it applies to Driving Under the Influence in San Diego (or California in general), prosecutors will seek a felony DUI conviction in cases where there are injuries in a case. Another factor is the number of time you have been stopped for Driving Under the Influence. It is key to contact the office to get started.
A felony DUI conviction that caused injury to others can lead the prosecutor to ask for up to three years in state prison, with another year added for every victim. Prosecutors usually will add an enhancement may apply that could increase time in prison by another three years. This is a special allegation that the police do not deal with. People will often find themselves walking into court finding they are facing more time than originally thought of because of these allegations.
A conviction for a felony DUI could also count as a strike under California’s three strike laws. It is key you contact an attorney who can advocate for you to get you the best defense possible. Call now to get started 858-751-4384.
I would like to focus on DUI with injuries
Vehicle Code 23153 VC reads: “(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. . . . (e) It is unlawful for a person, while under the influence of any drug, 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 Jury Instructions – Criminal. CALJIC 12.60 — Felony driving under the influence causing injury. (“In order to prove this crime, each of the following elements must be proved: [1] A person drove a vehicle while under the [influence of [any alcoholic beverage] [any drug]] [combined influence of any alcoholic beverage and any drug]; [2] That person concurrently [did an act which violated the law] [or] [failed to perform a duty required by law], namely, ; and [3] The [violation of law] [or] [failure to perform a duty] was a cause of bodily injury to a person other than the driver of the vehicle.”)
California Jury Instructions – Criminal. CALJIC 12.60.1 — Felony driving with 0.08% (otherwise known as DUI with a BAC of 0.08% or greater and causing an injury]. (“In order to prove this crime, each of the following elements must be proved: [1] A person drove a vehicle while having 0.08 percent or more, by weight, of alcohol in [his] [her] blood; [2] That person concurrently [did an act forbidden by law] [or] [failed to perform a duty imposed by law] in the driving of the vehicle, namely, ; and [3] The [violation of law] [or] [failure to perform a duty] was a cause of bodily injury to a person other than the driver of the vehicle.”)
California Jury Instructions – Criminal. CALJIC 12.65 — Driving under the influence – felony prosecutions [for VC 23153]. (“A person is [under the influence of an alcoholic beverage] [under the influence of a drug] [under the combined influence of an alcoholic beverage and a drug] when as a result of [drinking such alcoholic beverage] [using a drug] [his] [her] physical or mental abilities are impaired to such a degree that [he] [she] no longer has the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”)
See same regarding driving under the influence of drugs. (“[The term “drug” as used in this instruction means any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, [his] [her] ability to drive a vehicle in the manner that an ordinarily prudent and cautious person, in full possession of [his] [her] faculties, using reasonable care, would drive a similar vehicle under like conditions.]”)
California Jury Instructions – Criminal. CALJIC 12.61.1 Driving With 0.08 Percent or More-Inference. (“(Vehicle Code §§ 23152, subdivision (b) and 23153 [California DUI causing injury], subdivision (b)) If the evidence establishes beyond a reasonable doubt that (1) a sample of defendant’s blood, breath or urine was obtained within three hours after [he] [she] operated a vehicle and (2) that a chemical analysis of the sample established that there was 0.08 percent or more, by weight, of alcohol in the defendant’s blood at the time of the performance of the chemical test, then you may, but are not required to, infer that the defendant drove a vehicle with 0.08 percent or more, by weight, of alcohol in [his] [her] blood at the time of the alleged offense. [The failure, if any, to follow the regulations adopted by the California State Department of Health for procedures to be used in administering tests to determine the concentration of alcohol in a person’s blood may be considered by you in determining the accuracy of the test or test results made in this case.]”)
Your blood alcohol concentration (“BAC”) is measured by California DUI chemical tests for purposes of DUI causing injury cases. Blood and breath tests are the most reliable indicators of one’s BAC, although urine tests are sometimes used.
- California Vehicle Code 23152 misdemeanor DUI [element of VC 23153 DUI causing injury].
- California Vehicle Code 23566 (California felony DUI) — Three or more offenses; punishment. (“(a) If a person is convicted of a violation of [Vehicle Code] Section 23153 [DUI causing injury] and the offense occurred within 10 years of two or more separate violations of [Vehicle Code] Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in con
victions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). “
- California Vehicle Code 23556 — Conditions of probation for a first offense for Vehicle Code 23153 DUI causing injury. (“(a)(1) If the court grants probation to any person punished under Section 23554, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person be confined in the county jail for at least five days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000). (2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (2) 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. (b)(1) In a county where the county alcohol program administrator has certified, and the board of supervisors has approved, a program or programs, the court shall also impose as a condition of probation that the driver shall participate in, and successfully complete, an alcohol and other drug education and counseling program [otherwise known as California DUI school], established pursuant to Section 11837.3 of the Health and Safety Code, as designated by the court. (2) In any county where the board of supervisors has approved and the State Department of Alcohol and Drug Programs has licensed an alcohol and other drug education and counseling program, the court shall also impose as a condition of probation that the driver enroll in, participate in, and successfully complete, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this paragraph, enrollment in, participation in, and completion of, an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation. (3) The court shall refer a first offender [under California Vehicle Code 23153 DUI causing injury] whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. (4) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code. (c)(1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).”)
- See also California Vehicle Code 23562 — Conditions of probation for second offense Vehicle Code 23153 DUI with injury. (“If the court grants probation to a person punished under Section 23560, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be subject to either subdivision (a) or (b), as follows: (a) Be confined in the county jail for at least 120 days and pay a fine of at least three hundred ninety dollars ($390), but not more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) 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. (b) All of the following apply [for a second conviction of California Vehicle Code 23153 VC DUI causing injury]: (1) Be confined in the county jail for at least 30 days, but not more than one year. (2) Pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). (3) The privilege to operate a motor vehicle shall be revoked by the department under paragraph (4) 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. (4) Either of the following: (A) Enroll and participate, for at least 18 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. (B) Enroll and participate, for at least 30 months subsequent to the date of the underlying violation and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation.”)
- California Vehicle Code 23566 — Three or more offenses; punishment for Vehicle Code 23153 VC DUI causing injury. (“(a) If a person is convicted of a violation of Section 23153 and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) 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. (b) If a person is convicted of a violation of [California Vehicle Code] Section 23153 [DUI causing injury], and the act or neglect proximately causes great bodily injury, as defined in Section 12022.7 of the Penal Code, to any person other than the driver, and the offense occurred within 10 years of two or more separate violations of Section 23103, as specified in Section 23103.5, or Section 23152 or 23153, or any combination of these violations, that resulted in convictions, that person shall be punished by imprisonment in the state prison for a term of two, three, or four years and by a fine of not less than one thousand fifteen dollars ($1,015) nor more than five thousand dollars ($5,000). The person’s privilege to operate a motor vehicle shall be revoked by the Department of Motor Vehicles pursuant to paragraph (6) 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. (c) If a person is convicted under subdivision (b), and the
offense for which the person is convicted occurred within 10 years of four or more separate violations of [California Vehicle Code] Section 23103, as specified in Section 23103.5, or Section 23152 or [Vehicle Code] 23153 [DUI causing injury], or any combination of these violations, that resulted in convictions, that person shall, in addition and consecutive to the sentences imposed under subdivision (b), be punished by an additional term of imprisonment in the state prison for three years. The enhancement allegation provided in this subdivision shall be pleaded and proved as provided by law. (d) A person convicted of Section 23153 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.”)
