I recently received a misdemeanor DUI after a person ran a stop sign and hit me. Am I looking at harsher penalties?

Asked almost 3 years ago - Lancaster, CA

even though I was not at fault and no one was hurt and the police report shows that I wasn't at fault.

Attorney answers (4)

  1. David Jon Pullman

    Contributor Level 19

    Answered . No. Vehicle Code section 23153 can be charged when a person drives while under the influence and does some act of illegal or negligent driving that causes injury to another. It doesn't sound like that is the case here and so I doubt you will be charged with 23153. You will most likely be facing a standard DUI (VC 23152).

  2. Philip Daniel Hache

    Pro

    Contributor Level 16

    Answered . If you were not at fault in the accident, and that is clear, I think that you would be charged with a VC 23152 (as opposed to a VC 23153 which can have harsher consequences). Depending on the other aspects of your case (for instance, what your blood alcohol content (BAC) was, it may be able to be used as your advantage if there is no signs of poor driving on your part in the police report.

  3. Philip Daniel Hache

    Pro

    Contributor Level 16

    Answered . If you were not at fault in the accident, and that is clear, I think that you would be charged with a VC 23152 (as opposed to a VC 23153 which can have harsher consequences). Depending on the other aspects of your case (for instance, what your blood alcohol content (BAC) was, it may be able to be used as your advantage if there is no signs of poor driving on your part in the police report.

  4. Hussein Ali Chahine

    Contributor Level 13

    Answered . Probably not. If you were not at fault for the accident, you are most likely looking at standard DUI charges. However, an attorney will need to review the police report and other evidence before you can truly get the answer you're looking for. Good luck.

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