Accoriding to the California penal code cited below, a DUI accident causing injury can be classified as a felony. If you are in need of an experienced felony DUI attorney with proven results, contact Okorie Okorocha of the California Legal Team today by calling (949) 719-2649.
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Cal.Veh.Code § 23153 (DUI Causing Injury)
(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and 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.
(b) It is unlawful for any 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.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.
(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.
(d) It is unlawful for any person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210, 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.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.
(e) This section shall become operative on January 1, 1992, and shall remain operative until the director determines that federal regulations adopted pursuant to the Commercial Motor Vehicle Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51 or 391.15 of Title 49 of the Code of Federal Regulations do not require the state to prohibit operation of commercial vehicles when the operator has a concentration of alcohol in his or her blood of 0.04 percent by weight or more.
(f) The director shall submit a notice of the determination under subdivision (e) to the Secretary of State, and this section shall be repealed upon the receipt of that notice by the Secretary of State.
California Vehicle Code § 23153 is similar to section 23152, but adding that it is further illegal to do any other illegal act while driving intoxicated by drugs or alcohol, and adding the bodily injury provisions. Any driver who hits and injures someone while DUI can be subjected to substantially increased penalties. What would ordinarily be a misdemeanor could be reclassified as a felony DUI. Cal.Veh.Code § stipulates that if either alcohol or drugs contributes to the injury or accident, the driver can be charged with a felony. Cal.Veh.Code §23153 (b) addresses some of the punishments that drivers can face: Increased court costs and other fines, an increase in insurance rates, forced restitution to injured victims, jail time, forced probation, and driver’s license suspension.