DUI and Personal Injury
Driving under the influence (DUI) is a serious offense in California, but when a DUI results in personal injury or death, the legal consequences become significantly more severe. Individuals accused of DUI causing injury or fatality face tough criminal penalties, potential civil liability, and lasting consequences on their personal and professional lives. Below, we explore the legal ramifications of DUI-related injury cases, including criminal penalties under California law and civil liability for the harm caused. If you or a family member has been arrested for driving under the influence in Ventura County, contact the Law Office of Paul Tyler for help from a skilled and experienced Oxnard DUI defense attorney.
Criminal Penalties for DUI Causing Injury or Death in California
Under California law, a DUI causing injury or death is prosecuted more aggressively than a standard DUI. The specific charges and penalties depend on the severity of the injuries and whether the defendant has prior DUI convictions.
DUI Causing Injury – California Vehicle Code Section 23153
California Vehicle Code (CVC) Section 23153 makes it a crime to drive under the influence of alcohol or drugs and cause bodily injury to another person. This offense can be charged as either a misdemeanor or a felony, depending on the circumstances.
The penalties if convicted of this offense are harsh. A misdemeanor conviction can result in up to one year in county jail, fines ranging from $390 to $5,000, and a suspended or restricted driver’s license. Additional consequences can include the completion of a DUI education program and restitution to the victim.
A person convicted of a felony DUI causing injury could be sentenced to two to four years in state prison, plus an additional one to six years if multiple victims are involved. If the injury is severe, the crime could also be considered a strike offense under California’s three strikes law. Fines can reach up to $5,000, and a convicted offender could also face driver’s license revocation and be ordered to pay restitution to victims.
DUI Resulting in Death – California Penal Code Section 191.5
When a DUI results in the death of another person, the driver can be charged with vehicular manslaughter or even second-degree murder, depending on the level of negligence involved.
Vehicular Manslaughter While Intoxicated (Penal Code 191.5(b)) can result in up to four years in state prison (or more for gross negligence), fines and restitution, and license suspension or revocation. A conviction for Gross Vehicular Manslaughter While Intoxicated under Penal Code 191.5(a) can lead to a state prison sentence of between four and ten years. If multiple victims are involved, additional years may be added.
DUI Murder (“Watson Murder”) – Penal Code 187
This charge applies when the driver has prior DUIs and acted with implied malice. A sentence can include 15 years to life in prison and fines up to $10,000. During sentencing for most DUI convictions, judges tell offenders about this possibility in what is known as a “Watson advisement” in hopes of deterring future drinking and driving that could end in fatality.
Civil Liability for DUI Accidents
In addition to criminal charges, a driver who causes injury or death while under the influence can be held liable for damages in a civil lawsuit. The victim (or their family) may file a personal injury lawsuit or a wrongful death claim to recover compensation. Damages in a civil case include medical expenses, lost wages and loss of earning capacity, pain and suffering, wrongful death damages in fatal accidents, and punitive damages under certain circumstances. These cases can end in judgments of thousands or millions of dollars against a defendant.
It’s important to understand several key distinctions between criminal and civil proceedings. Most importantly, the standard of proof in a criminal case is “beyond a reasonable doubt,” compared with “preponderance of the evidence” in a civil case. In theory, criminal cases can be easier to defend against than civil cases, since criminal prosecutors have a higher bar to meet. Also, the criminally accused have constitutional rights such as the right to remain silent, the right to an attorney, and the privilege against self-incrimination. Civil defendants have fewer constitutional protections and can be compelled to testify (except for testimony that could incriminate them in a criminal case).
Contact Oxnard Criminal Defense Attorney Paul Tyler After a DUI Arrest in Ventura County
DUI cases involving injury or death are taken extremely seriously in California. The criminal consequences can include lengthy prison sentences, steep fines, and a permanent criminal record. If you or a loved one is facing DUI charges in Ventura County, securing an experienced criminal defense attorney is critical.
At the Law Office of Paul Tyler, we regularly defend people charged with DUI in Oxnard and Ventura County and work diligently to protect your rights and explore all possible defenses. Contact us today for a free consultation to discuss your case and legal options.
