What are the Consequences for DUI Involving Injury or Death?
Driving under the influence (DUI) of alcohol or drugs is a very serious offense in San Diego, and throughout California. Even if no one becomes hurt, the penalties for a DUI are very harsh and include high fines, a driver’s license suspension, and sometimes, even jail time. When an impaired driver causes injury or death to another person, however, the penalties are likely to be even steeper. Below, our San Diego DUI lawyer explains the consequences for a DUI involving injury or death.
What are the Penalties for a DUI Causing Injury?
There are many harsh legal consequences for people who are convicted of driving while impaired and as a result, causing bodily injury to another person. Although the penalties will vary depending on the severity of the injury and the accused’s previous convictions. The penalties if convicted for a DUI causing injury are as follows:
- Fines: For a first violation, a person may face fines between $390 and $1,000. A conviction for a second offense within ten years, the fines can increase to a maximum of $5,000. Subsequent violations have fines ranging between $1,015 and $5,000.
- Suspension of driver’s license: A person convicted of a first offense DUI involving injury will have their driver’s license suspended for one year. A second conviction will result in a license suspension of three years. If a person is convicted a third time, their driver’s license will be revoked for five years.
- Jail time: For a first offense, a person may spend between 90 days to one year in jail for a DUI causing injury. The jail sentence for a second conviction is between 120 days and one year. People convicted of a third offense may spend up to four years in state prison. If multiple people were hurt and the accused is convicted of a felony, an additional year for each injured individual may be added to their sentence.
- Probation: In place of jail time, or in addition to it, individuals may be placed on probation for a certain period of time. They will also be required to complete an addiction counseling program.
What are the Penalties for a DUI Causing Death?
The penalties for a DUI causing death are even more severe. In these instances, impaired drivers may be charged with vehicular manslaughter while intoxicated. The sentences for a conviction will depend on whether the accused is found to have acted with gross negligence, meaning they had a total disregard for the safety of others.
A sentence for vehicular manslaughter with gross negligence is between four and ten years in state prison. Without gross negligence, the penalties for vehicular manslaughter range between 16 months and four years in county jail. With or without gross negligence, the penalties for a second offense of vehicular manslaughter are between 15 years to life in prison.
Our DUI Defense Lawyer in San Diego Can Help with Your Case
Charges for a DUI causing injury or death are some of the most serious you could face in the state. At Anthony Z. Vargas, Esq., our San Diego DUI defense lawyer can help you defend your charges so you do not face the harsh penalties associated with a conviction. Call us now at 858-285-4595 or contact us online to request a consultation and to get the legal defense you need.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
