Fresno DUI Lawyer | Fresno DUI Attorney
Fresno DUI Lawyer Jonathan Rooker can help answer these questions. He is an experienced and qualified DUI attorney in Fresno California. Some common questions are, I was arrested for DUI? What happens? Will the DMV take my license? .
Vehicle Code Section 23153: Driving while under the influence of alcohol or drugs -- causing injury to another
(a) it is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximate causes bodily injury to any person other than the driver.
(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle, which act or negligence proximately causes bodily injury to any person other than the driver.
In any prosecution under this subdivision, it is a rebutable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her system at the time of the performance of a chemical test within three hours after driving.
(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.
A common question is, "I am charged with VC 23153, what's going to happen to me if I get convicted?"
PUNISHMENT FOR VC 23153: If any person is convicted of a first violation of Section 23153, that person shall be punished by imprisonment in the state prison, or in a county jail for not less than 90 days nor more than one year...
VC 23554: Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is publishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, two, or three year . . . PC 18
If the court grants probation to any person punished under section 23554 ...the court. shall impose as a condition of probation that the person be confined in the county jail for at least five days but not more than one years
* If you are wondering what would happen if you are convicted of the above offense, pleas note that it is a wobbler, which can be punished as a felony or a misdemeanor. That means a prison term, county jail, and/or probation are all possibilities depending on your circumstances. It is important to contact an experienced criminal defense attorney at the earliest possible stage of proceedings. Attorneys may be able to contact the District Attorney's office prior to charges being filed and present an argument for your benefit. The individual at the DA's office who files the cases may have discretion to file the charge as a misdemeanor or felony, and presenting compelling argument on your behalf may help influence the decision, depending on your factual situation.