DUI Causing Injury in Rancho Cucamonga
Direct Defense for Vehicle Code 23153 Allegations
A DUI causing injury allegation combines questions about impairment with disputes over a collision, causation, and someone else’s injuries. At Brian Skibby Law Office APC, Brian E. Skibby works directly with every client to examine the evidence and develop a defense tailored to the case.
Our firm brings 27+ years of dedicated criminal defense practice to these allegations. Brian E. Skibby has successfully represented more than 2,000 adult and juvenile clients and tried hundreds of criminal cases in court. Superior Court judges have also selected him to handle more than 100 severe and complex criminal and juvenile law cases.
Call (909) 695-0095 for a free consultation about a DUI causing injury arrest in Rancho Cucamonga and your defense options.
How California Defines DUI Causing Injury
California doesn’t use vehicular assault as the formal name of this charge. Allegations involving impaired driving and injury are generally prosecuted under Vehicle Code 23153. Identifying the applicable statute matters because an injury case requires proof beyond what’s required for a standard DUI allegation.
Vehicle Code 23153 applies when a person allegedly drives under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08% or more, commits an unlawful act or neglects a legal duty while driving, and injures someone else. Prosecutors must connect the alleged conduct to the collision and resulting injury. An accident alone doesn’t establish every required element.
Vehicle Code 23153 vs. Vehicle Code 23152
Vehicle Code 23152 addresses standard DUI allegations and doesn’t require proof of injury. Vehicle Code 23153 adds injury and causation issues, expanding the evidence involved and the potential consequences. Medical records, witness accounts, collision evidence, and chemical-test results may all become relevant.
Misdemeanor & Felony Filings
DUI causing injury is a wobbler offense, meaning prosecutors may file it as either a misdemeanor or a felony depending on the circumstances. The extent of the injuries, the number of people injured, prior history, and other case-specific facts may affect the filing decision. A DUI resulting in serious injuries can be charged as a felony.
Potential Consequences of DUI with Injury
A conviction under Vehicle Code 23153 can expose a defendant to incarceration, fines, DUI school, restitution, and restrictions on driving privileges. Restitution compensates an injured person for qualifying losses associated with the incident. The specific consequences depend on the filing level, injury allegations, prior record, and findings in the case.
Felony DUI allegations involving serious bodily injury can carry driver’s license revocation. A misdemeanor case may also involve a suspension and other licensing conditions. Criminal court proceedings and administrative action involving driving privileges are separate, so an outcome in one process doesn’t automatically resolve the other.
Great Bodily Injury Allegations
Prosecutors may seek an enhancement under Penal Code 12022.7 when an injury is significant or substantial. If found true, the enhancement can add a consecutive term to the sentence for the underlying offense. A great bodily injury finding can also count as a strike under California’s Three Strikes law.
Multiple Injured People
Vehicle Code 23558 permits additional punishment allegations when more than one person is injured in a DUI causing injury case. Each claimed injury and its relationship to the alleged conduct should be evaluated separately. Medical documentation alone doesn’t establish how the collision occurred or whether the defendant’s alleged impairment caused a particular injury.
Evidence in a Rancho Cucamonga DUI Causing Injury Case
Cases arising in Rancho Cucamonga are handled by the Superior Court of California, County of San Bernardino, Rancho Cucamonga District. Our familiarity with the local courts, judges, and prosecutors informs our preparation while we keep the defense focused on the evidence in each case.
The prosecution must prove impairment or an unlawful blood alcohol concentration, causation, and injury. That makes the collision a central factual issue. Road conditions, witness observations, vehicle damage, medical findings, and the sequence of events may affect whether the evidence supports the prosecution’s account.
We examine whether chemical testing was lawfully obtained and whether the reported result reliably reflects the defendant’s condition while driving. Testing procedures, timing, sample handling, and interpretation can require close review. We also assess whether the evidence connects the alleged impairment to the collision rather than treating their timing as proof of causation.
Chemical-Test Refusal
California’s implied consent law requires chemical testing after a lawful DUI arrest. Our DUI information states that refusing a breath test can lead to mandatory added jail time, a one-year license suspension, and use of the refusal as evidence in court. The circumstances surrounding an alleged refusal matter, including the test requested and the instructions or warnings given.
Discuss Your DUI Causing Injury Defense
A free consultation allows you to discuss the arrest, claimed injuries, and current status of the case. We offer virtual consultations and 24-hour emergency legal assistance, including jail visits. You can request a consultation by phone or through the contact form.
We offer affordable rates and flexible payment plans. We also remain directly involved throughout the proceedings, providing hands-on legal support as we assess the allegations, prepare the defense, and address decisions at each stage.
Call (909) 695-0095 now to request a free consultation about DUI causing injury defense in Rancho Cucamonga.