23153(a) license suspension

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23153(a) license suspension DUI with injuries

23153(a) license suspension How long will I lose my license for a DUI causing injuries in California?

If you have been involved in a DUI auto accident in California, you are likely facing a wide range of legal issues including 23153(a) license suspension.   This situation can be completely overwhelming and the consequences can be very severe.  To help you understand your situation a little better, let’s break it down one step at a time.   If you were driving under the influence and you were at fault for the accident causing injuries to anyone other than yourself, you will have to deal with 3 unique legal scenarios

  1. You will be sued for civil liability.   If you were insured at the time of the accident your insurance company should handle this claim and protect your legal rights in this regard.   If you were not insured you should talk a lawyer who handles civil liability issues ASAP.
  2. You will be charged in criminal court with VC 23153(a) or similar criminal charges.  VC 23513(a) is a “wobbler” offense which means it can be charged as either a misdemeanor or a felony at the discretion of the District Attorney.   Depending on the severity of the injuries you may also face a GBI or “great bodily injury” enhancement which can add several years to your potential sentence.  A GBI enhancement also makes the charge a strike offense.  Anyone that is facing DUI charges after an accident should contact an experienced DUI lawyer immediately.
  3. You will face a 23153 (a) license suspension from the DMV.

23153(a) license suspension risks

The length of your 23153(a) license suspension will vary depending on your DMV record and your prior criminal history.  If you have prior DUI convictions, or prior APS actions at the DMV, your 23153(a) suspension will be longer than the suspensions discussed in this article.    The California DMV also has the authority to seek a revocation of your license for an accident in which you caused death or serious injury.  This revocation can take place even in cases where your were NOT under the influence at the time of the accident.   In the past these revocation hearings were usually reserved for cases involving fatalities.  The modern trend has been for the DMV to be more and more aggressive in seeking revocation even in cases without a fatality.

23153(a) license suspension first time offense

Assuming all of the following:

  1. First time offense
  2. Driver has no prior DUI history in criminal court and no prior APS action,
  3. DMV does NOT proceed with revocation hearing

The actual period of suspension following a DUI accident causing injuries would look like this:

  1. APS suspension of 120 days per VC 13353.3(b)(1)
  2. MAU suspension of 1 year beginning on date of conviction for 23153(a) per 13352 (a)(2)
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