DUI with Injury Plea Vacated After Court Finds Violation of Victim’s Rights
When a driver, who is under the influence of drugs or alcohol, causes injury to another person, the driver will almost always be charged with violation of Vehicle Code section 23153, also known as DUI with injury. This violation can be charged against the driver even if his or her BAC is under the 0.08% per se threshold if the responding officer believes that the driver was impaired by any alcohol consumption.
Not only must the driver be driving under the influence, but the driver must have been driving in a negligent manner or violated a law during the course of the charged conduct. This could be an allegation, for example, that the driver was violating the speed limit (violating a traffic law) or say, even looking in the mirror to put on lipstick while driving (negligent driving).