Wilton, CA asked in DUI / DWI for California

Q: How do I find data regarding sentences imposed for CA felony DUI with injurys?

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James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the sentencing for a felony DUI with injury under Vehicle Code 23153 can vary based on several factors. This includes the severity of injuries caused, prior DUI offenses, and other specific circumstances of the case.

For a first-time offense, the potential sentence ranges from 16 months to 16 years in state prison. This depends on the nature and number of injuries. Additionally, fines can range from $1,015 to $5,000.

If there are multiple victims, the court may impose a consecutive sentence for each injured person. This can significantly increase the total prison time.

Furthermore, the court will order a DUI offender to participate in a DUI education program. The length of this program depends on the severity of the offense.

A felony DUI with injury conviction also results in a Habitual Traffic Offender (HTO) status for three years and a mandatory installation of an Ignition Interlock Device (IID) in any vehicle the offender operates.

It's crucial to note that these sentences can be enhanced if certain aggravating factors are present, such as extremely high blood alcohol content or reckless driving.

In practice, the actual sentence imposed can vary widely. It's influenced by the details of the case and the discretion of the sentencing judge.

For the most accurate and specific guidance, reviewing recent case law and consulting with a colleague who has experience in this field is advisable. This helps in understanding how these laws are being applied currently in California courts.

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