Often referred to as felony drunk driving, DUI with injury under CA vehicle code statute 23153 is described as causing a traffic collision resulting in death or injury to another while driving under the influence of drugs and/or alcohol above 0.05% or 0.08%. The term “felony DUI” is misleading, however, as DUI with injury under VC 23153 can be prosecuted as either a felony or misdemeanor offense. The Los Angeles District Attorney’s Office’s decision to charge either misdemeanor DUI with injury or felony DUI with injury will be based on the extent of the victim’s injury and your prior criminal history, but more specifically, your prior history of DUI convictions. The factors prosecutors weigh in their decisions to pursue felony or misdemeanor DUI charges include whether the victim was hospitalized, or whether the injuries sustained by the victim were permanent or required surgery.
Felony DUI with Great Bodily Injury Enhancement
A felony DUI with injury in Glendale is a serious matter as you face a maximum punishment of up to 4 years in prison and a fine up to $5,000. However, the already severe penalties can be further enhanced if a victim’s injuries are considered great bodily injury (GBI). If you are charged with a felony DUI involving injury along with a great bodily injury or GBI enhancement, a conviction would be considered a strike under California’s 3 strikes law. In addition, you face an additional 1 year consecutive prison sentence for each individual victim up to 3 years.
Over Three Decades of Felony DUI Defense Experience in Glendale, CA
If you or a loved one have been recently arrested for a felony DUI or misdemeanor DUI with injury, you should immediately consult with a qualified Glendale DUI attorney to review your options. The drunk driving defense lawyers at Takakjian & Sitkoff, LLP are former Los Angeles County deputy DAs with over a combined 70 years of DUI law experience. Contact us online or call our Glendale office today for a free consultation at (818) 572-9090.
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