DUI with Injury 1st and Second Offense misdemeanors

Posted by Nafiz M. Ahmed | Jun 23, 2016 | 0 Comments

License Ramifications of Misdemeanor DUI with Injury convictions

Vehicle Code section 23153(a)/(b)

DUI with Injury - 1st Offense

Did you know that if you are convicted of your first offense DUI with injury that you face a license suspension of 1 year?  Worse yet, if your license is suspended for 1 year as a result of a conviction for a DUI with injury that you will not be able to get a restricted license for that entire year!  

DUI with Injury - 2nd Offense

So, if you thought that the license ramifications for a 1st offense DUI with injury are bad, wait until you hear what happens when you receive a conviction for a DUI with injury after you have been previously convicted of a wet reckless, DUI, or DUI with injury for an offense within 10 years of this second DUI.  In this case, the license revocation is for 3 years.  However, after 1 year of the revocation the driver is eligible to obtain an ignition interlock device license, i.e., the driver can get a license again after taking the drive and written test, paying all fees, and installing an ignition interlock device on any car that the driver is operating.  

Did I mention that there is a 30 day minimum jail sentence for a DUI with injury in this scenario?  Of course, this assumes that the DUI with injury is charged as a misdemeanor as opposed to a felony.  A way around the minimum punishment of 30 days in jail is for your lawyer to get the second DUI with injury reduced to just a second DUI without injury.  

About the Author

Nafiz M. Ahmed

Owner / Attorney / Managing Partner Nafiz M. Ahmed was born in Mills Memorial Hospital in San Mateo, California. He grew up in Burlingame and attended Burlingame High School. While at Burlingame High School, Nafiz competed on the junior varsity and varsity football team. He was also the varsity wrestling team captain. After graduating Burlingame High School, Nafiz enrolled at the University of California at Davis. While at U.C. Davis, Nafiz served as a justice on the U.C. Davis Supreme Court for two years. He authored the majority opinion for all of the court's decisions during that time period. Nafiz loved being a U.C. Davis Aggie. However, he graduated early from U.C. Davis in three years in order to go to law school sooner. At Santa Clara University School of Law, Nafiz competed in Honors Moot Court and discovered his true passion for constitutional and criminal law. Nowadays, when he is not representing clients charge with crimes like domestic violence, theft, or drug possession, Nafiz likes to unwind by working out at his local boxing gym and surfing on the weekend. When Nafiz isn't trying to be the world's best dad and husband, he is hanging out with his American Bulldog, Chihuahua, and friends watching the U.F.C. or the San Francisco 49ers. FIREARMS AUTHORITY National Rifle Association – Northern California Attorney (N.R.A. referral list) KGO News Talk 810 – Gill Gross – Interview regarding Firearms ADVANCED DUI TRAINING DWI Detection & Standardized Field Sobriety Testing – Student Course DWI Detection & Standardized Field Sobriety Testing – Instructor Course Advanced Roadside Detection Impairment & Enforcement PUBLISHED WORKS Witness Preparation and Examination for DUI Proceedings The Impact of 2009 Case Decisions on DUI Prosecution and Defense Expert Witnesses A Criminal Defense Lawyer's Perspective on Common Firearms Issues in California HONORS AND AWARDS Super Lawyers Rising Star, 2012 Super Lawyers Rising Star , 2013 Top Lawyers in California, 2013 The National Trial Lawyers – Top 100 Trial Lawyers, 2013 AVVO rated 10 out of 10 PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS California Attorneys for Criminal Justice California DUI Lawyers Association California Public Defenders Association San Mateo County Bar Association BAR ADMISSIONS California, 2005 U.S. District Court Northern District of California, 2006 U.S. Court of Appeals 9th Circuit EDUCATION Santa Clara University School of Law, Santa Clara, California J.D. University of California, Davis, California Major: Economics


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