I. Introduction
If you are involved in a DUI case with injuries, then you can be facing a felony. In the event that you find yourself being accused of causing an injury while driving under the influence, we can help you prevent your situation from getting bad to worse by protecting your license.
II. What Type of DUI Are We Talking About Here?
VC 23153(a) says that it is unlawful for a person, while under the influence of any alcoholic beverage, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
Basically, it is against the law to drive under the influence of alcohol and to cause an accident that results in bodily injury to another person. Next, we will cover what happens to your license after being convicted of VC 23153.
III. What Happens To Your License After Being Convicted of VC 23153?
The law currently says: Upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year.
The privilege shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556 of this code.
If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll in, participate in, and complete either program described in subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556.
For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation.
Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that he or she may apply to the department for a restricted driver’s license if the person meets all the following requirements:
(i) The underlying conviction was not only for the use of drugs, as defined in Section 312, at the time of the violation.
(ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following:
(I) Proof of enrollment in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23556 of this code.
(II) Proof of enrollment in a program described in subdivision (b) of Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I).
(iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii).
(iv) The person complies with Section 23575.3.
(v) The person does both of the following:
(I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (g) of Section 13386.
(II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i).
(vi) The person provides proof of financial responsibility, as defined in Section 16430.
(vii) The person pays all reissue fees and any restriction fee required by the department.
(viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.
(B) The restriction shall remain in effect for the period required in subdivision (e).
IV. Let’s Breakdown the Legal Puzzle For You
The law essentially states that if you are convicted of VC 23153, then your license “shall” be suspended for ONE year, and will not be “reinstated” until you give proof of insurance and completion of DUI classes after the date of the violation.
The DMV will allow you to drive with a restricted license upon the completion of the conditions mentioned in the previous paragraph, which include: completion of a qualified DUI program; installation of an Ignition Interlock Device (IID); posses an SR 22 (proof of insurance); and payment to the DMV in the sum of $150.00.
V. What is a Restricted License?
A restricted license allows you to commute for certain purposes, such as driving to and from work. Although you will not have the same driving privileges as you did before your DUI, you can still get around for essential requirements.
VI. Preventing Your Situation From Going Bad to Worse
Getting caught driving without a license can only make your situation go from bad to worse because you can be subject to further punishment. If you don’t meet critical deadlines that help you protect your license (see our other blog that covers critical DMV deadlines: https://www.flockoflegals.com/dmv-dui-process/), then your license will be suspended.
You may ask what is one risking if caught driving with a suspended license? Here is your answer: under VC 14601.1(a), a person driving with a suspended license is classified as a misdemeanor and can be incarcerated for up to SIX (6) months and subject to pay a fine of up to $1,000.00.
Hence, you are at risk for further legal trouble if you do not take the right steps at the right time to protect your license. Our team at the Law Offices of Mark A. Gallagher can help you prevent more legal trouble during and after your DUI process by doing the required work to protect your license.
