San Diego Woman Arrested for DUI Following Crash
A 21-year old Temecula woman was arrested for DUI early Sunday morning after she overturned her vehicle, injuring her passenger. He reportedly suffered moderate to major injuries.
Depending on what the California Highway Patrol investigation reveals, prosecutors could charge the woman under Vehicle Code 23152 driving under the influence or Vehicle Code 23153 driving under the influence causing injury.
If the accident occurred as any “typical” accident would…and the driver just happened to be DUI at the time…prosecutors will most likely charge her with a non-injury DUI. Even if this is the case, she will likely face a sentencing enhancement for injuring her passenger.
If, however, the accident occurred because in addition to DUI, the driver either (1) acted negligently, and/or (2) committed an additional vehicle code violation, prosecutors will likely charge her under California Vehicle Code 23153 DUI causing injury.
This is the key difference between the charges. In order for prosecutors to convict you of a DUI causing injury, you must act in a negligent manner or break a law in addition to driving under the influence. The fact that you are DUI and have an accident does not in-and-of itself give rise to this charge.
