Any DUI charge where the driver was involved in an accident, at fault, and there was injury to a passenger or other driver, the Prosecution may file as a felony. The injury need not be severe…a mere contusion (bruise) may suffice under the law for the Prosecution to file a felony DUI charge. This violation is governed by Vehicle Code Section 23153(a)(b). The driver deemed “at fault” must have neglected some duty when driving for this to be a felony.
A first offense under this statute entails up to three years in prison, one year license suspension, three to nine month alcohol class, public work service, MADD class, possible interlock ignition device installation, and fines.
A second offense under this statute (with misdemeanor prior DUI within ten years) entails up to three years in prison, three year license revocation, eighteen to thirty month alcohol class, public work service, MADD class, possible interlock ignition device installation, and fines.
A third offense under this statute (with misdemeanor prior DUI within ten years) entails up to four years in prison, five year license revocation, eighteen to thirty month alcohol class, public work service, MADD class, possible interlock ignition device installation, and fines.
These cases are extremely serious and should only be handled by an experienced DUI attorney!
