COMPASSIONATE ALLIES, AGGRESSIVE ADVOCATES

DUI Causing Injury

California Vehicle Code §23153(a) states that, “It is unlawful for any person, while under the influence of any alcoholic beverage or 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.” §23153(b) states that, “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.”

What this means is that any negligent act, such as driving a motor vehicle above the legal limit, which results in a bodily injury to another person is punishable under this section. §23153(b) further states that, “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.

Among other factors, it is very important that the District Attorney have sufficient evidence that you were driving under the influence of alcohol if you were charged with a §23153 violation. Please call the Law Offices of Debra J. Rice if you are facing California Vehicle Code §23153 violation in connection with your DUI charge. We will explain all the potential consequences of this charge and discuss viable options for your defense.