DUI with Injury Charges in Riverside County

DUI with Injury Charges in Riverside County, California: What You Should Know (PC 23153)

Facing a DUI with injury charge in Riverside County is a serious matter, and understanding the legal implications of PC 23153 is crucial. A conviction can result in severe consequences such as jail time, fines, and long-term impacts on your driving record and insurance rates. In this article, we’ll explore what it means to be charged with DUI with injury in California, the specifics of PC 23153 potential penalties, defense strategies, and the jurisdictions of various courts in Riverside County that handle DUI cases.

At The Law Offices of Kirk Tarman, we bring over 25 years of experience to each case, led by our founder,attorney Kirk Tarman. Our team includes a former District Attorney (DA) from Riverside County, providing unique insights into the prosecution’s strategies and a robust defense approach for our clients.

What is a DUI with Injury?

A DUI with injury in California occurs when a driver under the influence of alcohol or drugs causes an accident that results in bodily harm to another person. This charge is far more severe than a standard DUI, as it involves an injured party. It can be prosecuted as a misdemeanor or felony depending on the extent of the injuries and the circumstances surrounding the incident.

In California, VC 23152(a) and VC 23152(b) are often charged alongside PC 23153 when injury is involved:

VC 23152(a): This code states that it is unlawful for a person to drive under the influence of alcohol.
VC 23152(b): This code specifies that driving with a Blood Alcohol Content (BAC) of 0.08% or more is illegal.

However, when bodily injury is involved, the charge escalates under PC 23153, which requires the prosecution to prove that the defendant’s impaired driving directly caused injury to another person. This distinction is crucial because the penalties under PC 23153 are much more severe.

Understanding PC 23153

PC 23153, or California Vehicle Code Section 23153, specifically addresses situations where a person drives under the influence and causes bodily injury. It differs from a standard DUI charge in that it focuses on cases where impairment leads directly to harm.

PC 23153(a): This section covers cases where a person drives under the influence of alcohol or drugs and, as a result, causes bodily injury to another individual.
PC 23153(b): This section focuses on drivers with a BAC of 0.08% or higher who cause an injury while driving. The burden of proof includes demonstrating the BAC level through tests and establishing a direct link between the impairment and the injuries.

Additionally, related codes such as VC 23612 come into play during DUI stops. VC 23612, known as California’s “Implied Consent Law,” requires that drivers submit to a blood or breath test if they are lawfully arrested for DUI. Refusing these tests can lead to additional penalties, including license suspension.

Penalties for DUI with Injury in Riverside County

The consequences of a conviction for DUI with injury in California are significantly more severe than those for a standard DUI. Penalties under PC 23153 can include:

Jail or Prison Time: A misdemeanor conviction can result in up to 1 year in county jail, while a felony can lead to 2 to 4 years in state prison. An additional 3 to 6 years may be added if multiple people were injured.
Fines: Ranging from $390 to $5,000, along with court-imposed penalty assessments that can significantly increase the total amount.
Restitution: The convicted party may be required to pay restitution to the injured parties for medical expenses, lost wages, and other damages.
Driver’s License Suspension: A conviction under VC 23153 often leads to a suspension or revocation of the driver’s license for a period ranging from 1 year to several years, depending on prior offenses.
Probation: Felony DUI with injury may result in 3 to 5 years of formal probation, including mandatory DUI education programs, community service, and other conditions.

The penalties can become even more severe with DUI enhancements, such as:

VC 23578: This code allows for additional penalties if the defendant’s BAC was 0.15% or higher or if they refused a chemical test.
VC 23582: Imposes additional jail time for DUI with excessive speed or reckless driving.
VC 23153(c): Addresses DUI with injury where the driver is found to have caused injuries while operating a commercial vehicle.

Jurisdictions in Riverside County for DUI with Injury Cases

If you are facing a DUI with injury charge in Riverside County, your case will be handled by one of several courts depending on where the incident occurred. Knowing which court will handle your case is essential for both you and your attorney, as each court may have unique procedures.

Banning Superior Court: This court serves Banning, Beaumont, Cabazon, Cherry Valley, Calimesa, Whitewater, Morongo Reservation, parts of Desert Hot Springs, and parts of Idyllwild.
Hall of Justice in Riverside (Riverside Superior Court): Serving Riverside, Corona, Norco, Moreno Valley, Jurupa Valley, Eastvale, Grand Terrace, Highgrove, Home Gardens, Mira Loma, and Mead Valley.
Southwest Justice Center in Murrieta: Handles cases from Murrieta, Temecula, Lake Elsinore, Menifee, Wildomar, Perris, Canyon Lake, French Valley, Sun City, Winchester, parts of Hemet, parts of San Jacinto, and Romoland.

Each court has its own processes for handling DUI cases, making it critical to have legal representation familiar with the local system. With over 25 years of experience, Kirk Tarman and his team, which includes a former Riverside County DA, are well-versed in the nuances of these courts.

Potential Defense Strategies

When facing charges under PC 23153, it is crucial to consider potential defense strategies that could reduce or dismiss the charges. Common defense strategies include:

Challenging the BAC results: Questioning the accuracy of the breathalyzer or blood test results due to improper calibration, testing procedures, or other errors.
Lack of probable cause: Arguing that the police did not have a valid reason to conduct the DUI stop or administer tests.
Insufficient evidence: Demonstrating that there is not enough evidence to prove the DUI caused the injury, such as conflicting witness statements or a lack of a clear causal link.
Medical conditions: Citing medical conditions that could have affected test results or physical appearance of intoxication, such as acid reflux or diabetes.
Disputing the cause of the accident: Arguing that another driver or a hazardous road condition was the primary cause of the accident, rather than impairment.

How The Law Offices of Kirk Tarman Can Help

Hiring a DUI injury lawyer in Riverside County can make a significant difference in navigating these complex charges. At The Law Offices of Kirk Tarman, our experience and knowledge of the local court system provide a strategic advantage in defending your case. With a former Riverside County DA on our team, we offer insights into the prosecution’s approach, allowing us to craft a tailored defense for each client.

We understand the stakes involved in a PC 23153 charge and work tirelessly to secure the best possible outcome for our clients. Whether negotiating plea deals, working to reduce charges, or advocating for lesser penalties, our team is committed to protecting your rights and guiding you through every step of the legal process.

Understanding the serious nature of a DUI with injury in California charge is essential, especially when it involves PC 23153 in Riverside County. The penalties can be life-altering, but with the right defense strategies and the support of a dedicated team at The Law Offices of Kirk Tarman, it is possible to fight for a better outcome. If you or a loved one is facing such charges, contact our experienced DUI defense team today to discuss your options and start building a solid defense.

Contact us now for a free consultation.