Los Angeles Drunk Driving Accident Lawyer Explains DUI Injury Charges

Vehicle Code § 23152 addresses impaired driving and certain prohibited blood alcohol concentrations. Under § 23153, prosecutors must also prove a separate unlawful act or neglected driving duty that caused bodily injury to another person.

Property damage alone does not meet § 23153's injury element. The firm's DUI charges resource discusses other charging issues.

A collision report may blame alcohol without identifying the separate driving mistake alleged under § 23153. Identify the specific act or neglected duty alleged.

• Conduct: Examine the alleged turn, lane movement, traffic violation, or lapse in ordinary care.
• Injury: Compare medical records with the timing and mechanics of the collision.
• Causation: Determine whether the driving act was a substantial factor in causing the injury.

Another driver's conduct may matter, but multiple causes can contribute to one injury. A defense must address the actual causal evidence rather than assume shared fault ends the charge.

People found near a damaged vehicle were not necessarily observed driving it. Test records also need to be matched to the time of driving.

• Driver identity: Compare video, seating evidence, witness observations, and statements.
• Test reliability: Check collection times, handling records, and available device or laboratory documentation.
• Timing: Distinguish the measured result from the alleged alcohol level when driving occurred.

Under § 23153(b), a qualifying test showing 0.08% or more within three hours creates a rebuttable presumption about the BAC when driving, not about who caused the collision.

A photograph of vehicle damage may explain a point of impact more clearly than a short narrative. Some video and electronic records can disappear under routine retention policies.

• Scene: Retain photographs, traffic-signal information, and available surveillance footage.
• Vehicles: Document damage patterns and available vehicle-event data.
• Witnesses: Preserve contact information without asking anyone to revise an account.

An accident reconstruction analysis may test competing collision explanations when sufficient reliable evidence remains. Preserve original files rather than edited excerpts.

The assigned Superior Court handles state criminal charges, while DMV can review driving privileges without waiting for a verdict. Read each notice rather than treating the criminal hearing date as the only deadline.

• Criminal court: Verify the charged counts, court location, appearance date, and release conditions.
• APS hearing: Request a hearing within 10 days of receiving the suspension or revocation order.
• SR-1 report: File within 10 days if someone was injured or killed, or property damage exceeded $1,000.

SR-1 is separate from police and insurance reports. DMV's general hearing rules allow 14 days from the date of a mailed notice; confirm which notice and deadline apply.

An injured person may seek payment while criminal charges remain pending. An insurer examines negligence, coverage, and damages without deciding guilt.

• Policy: Retain coverage documents, claim letters, and requests for information.
• Losses: Separate medical demands, vehicle repairs, and amounts already paid.
• Statements: Discuss recorded-statement requests and policy cooperation duties with an attorney.

Civil liability and criminal guilt involve different standards. The firm's car accident fault resource covers the civil perspective; an insurer's payment does not dispose of criminal charges.