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California uses Vehicle Code (VC) 23153 to prosecute some drivers accused of driving under the influence (DUI). VC 23153 charges only apply if a driver caused an accident that led to an injury. VC 23153 charges are serious because injuries are involved. However, is VC 23153 a felony?
VC 23153 is actually a “wobbler.” This means prosecutors may treat VC 23153 charges as misdemeanors or felonies. Review the facts about both misdemeanor and felony DUI causing injury charges below.
Get Information About VC 23153: DUI Causing Injury
VC 23153 charges are very serious. You may face charges for DUI causing injury only in specific situations. Drivers may get convicted of a DUI causing injury if they:
- Operate a vehicle while under the influence of alcohol or drugs,
- Break another driving law or act in a negligent way AND,
- Cause an accident that injures someone else.
California may check your blood alcohol concentration (BAC) to determine if you are under the influence of alcohol. The legal BAC limit in California is 0.08% for non-commercial drivers over the age of 21. You may also face charges for driving under the influence if your BAC is under the legal limit. This could occur if you appear impaired or if you used drugs before getting behind the wheel.
Note that you must commit a dangerous act beyond just driving under the influence to face VC 23153 charges. For example, if you run a red light or pass illegally, those actions could result in VC 23153 charges.
More About Wobblers in the State of California
Some charges in California are considered wobblers. Wobblers result in either misdemeanor or felony charges. The prosecution decides how to handle wobblers. The prosecution will make a decision in your case after considering:
- Your prior criminal history
- The facts related to your current charges
Felony charges are more difficult to handle than misdemeanor charges in California. Often, drivers charged with a felony face harsher penalties. Make sure that you get legal help if you are facing felony or misdemeanor charges by calling (310) 896-2724.
Penalties for a VC 23153 Conviction in California
The penalties for a misdemeanor or felony VC 23153 are not the same. Let’s go over the relevant penalties for this charge right now:
Misdemeanor-Level Penalties
- Fines of up to $5,000
- Jail time of up to one year
- Probation of up to five years
- DUI education of up to 30 months
- Ignition interlock device (IID) use for at least six months
Felony-Level Penalties
- Fines of up to $5,000
- Prison time of up to four years
- DUI education of up to 30 months
- IID use for at least one year
- Habitual Traffic Offender (HTO) status for three years
- A strike on your criminal record
Information About IID Usage Throughout California
Previously, a conviction under VC 23153 could result in the immediate suspension of your driver’s license. However, this changed in 2019. Currently, California orders most drivers convicted of a DUI to install an IID. This allows drivers to continue operating their vehicles.
An IID connects to the steering column of your vehicle. You must breathe into this device each time you want to drive. The IID measures your BAC. Your car does not turn on if your BAC is elevated. You are allowed to drive only a vehicle with an IID after a VC 23153 conviction.
Failure to use an IID properly could result in additional criminal charges. You may violate your probation if you drive without an IID in California.
Defenses for Misdemeanor or Felony VC 23153 Charges
You have legal options to handle a VC 23153 accusation. In many cases, you may want to contact a DUI lawyer in Los Angeles. A lawyer can work to dispute the results of a BAC test. BAC detectors do not always provide accurate results. Sometimes, the results are incorrect if:
- A police officer does not perform the test quickly enough.
- An officer administers the test incorrectly in another way.
- The test was not stored properly before use.
Additionally, you should only face VC 23153 charges if you took another wrongful act while driving. A lawyer could work to show that someone or something else caused your accident. Find out more by meeting with a lawyer now.
Discuss Felony VC 23153 Charges with a Lawyer
Is VC 23153 a felony? The courts may treat DUI causing injury as either a misdemeanor or a felony. Get help handling either charge from a DUI lawyer in Los Angeles. Start reviewing your options today with a free consultation. Call us at (310) 896-2724. You can also fill out our online contact form.