Driving under the influence is always a serious offense, but when your actions harm or injure another person, you move into an entirely different realm of criminal liability.
In the State of California, a first-time DUI offense that results in bodily injury to someone else is prosecuted as either a misdemeanor or felony charge, with penalties ranging from probation and heavy fines to years in state prison.
Because the stakes escalate so drastically when drunk driving causes an injury, it’s essential to understand these laws and work with an experienced DUI defense attorney who can apply proven strategies to mitigate the consequences.
DUI Causing Injury Charges in California
California Vehicle Code 23153 makes it a crime to drive under the influence of alcohol or drugs and concurrently cause bodily injury to another person. Unlike a “simple” misdemeanor DUI, where no one is harmed, DUI causing injury carries penalties similar to aggravated assault and can be prosecuted as either a misdemeanor or felony.
DUI Causing Injury – California Vehicle Code 23153(a)
This section of the vehicle code defines DUI causing injury as a misdemeanor offense. To face misdemeanor charges, the prosecution must prove:
- You were driving under the influence of alcohol or drugs (or both)
- While driving under the influence, you committed an illegal act or neglected to perform a legal duty
- Your actions caused bodily injury to another person
If convicted of the misdemeanor, you face fines up to $5,000, jail time up to one year, driver’s license suspension, probation, restitution to the victim, and participation in a DUI program. While the misdemeanor may seem “less serious” than the felony, the long-term consequences of any DUI conviction are severe.
DUI Causing Injury is a “Wobbler” Offense
In California criminal law, certain crimes like DUI causing injury are called “wobbler” offenses because they allow the prosecution discretion in charging you with either a misdemeanor or felony. The district attorney makes this determination based on factors like:
- Severity of the victim’s injuries
- Your blood alcohol concentration (BAC)
- Rate of speed
- Witness statements
- Any prior DUI convictions on your record
According to California Vehicle Code 23554, if your BAC is proven to be 0.15% or higher and you harmed someone, you face a minimum of 4 months in county jail, up to $5000 in fines, and 1 year license suspension – even for a first offense.
Felony DUI Causing Injury – California Vehicle Code 23153(b)
When the bodily injury caused to a victim is considered “substantial” or “great,” California law mandates the DUI offense be charged as a felony. Potential prison time increases to a maximum of 4 years for a first offense.
Our criminal defense team digs into the evidence and questions if the victim’s reported injuries truly meet the legal definition of “great bodily injury” under California Penal Code 12022.7 – which typically requires a substantial risk of death, prolonged health impairment, or extensive disfigurement/impairment of bodily function. The difference between misdemeanor charges and a life-altering felony conviction often comes down to effectively challenging these gray areas.
Aggravating Factors That Can Increase Penalties
Even if initially charged as a misdemeanor, certain circumstances could elevate your DUI causing injury to a felony later in the court process.
Bodily Harm vs. Great Bodily Injury
As mentioned above, the severity of harm caused to the victim plays a pivotal role in misdemeanor or felony classification. “Great bodily injury” is more than mere bruises, scrapes, or minor injuries. Your lawyer analyzes the victim’s medical records and consults medical experts to contest allegations of grave bodily harm.
Multiple Victims
If your drunk driving results in injuries to more than one person, each count can be charged separately. Injuring multiple victims makes it extremely likely you would face felony prosecution.
Prior DUI Convictions
DUI convictions within the past 10 years will enhance the penalties for a subsequent DUI with injury – transforming what could have been a misdemeanor into a felony case. Your DUI lawyer will investigate prior DUIs closely for any defenses or procedural errors that could invalidate their consideration in sentencing.
Mitigating Factors a Skilled Defense Attorney Can Use
While DUI causing injury cases seem black and white, an accomplished advocate understands how to strategically minimize penalties by highlighting mitigating circumstances to prosecutors, judges, and juries.
No Prior Criminal History
For those without past convictions, your attorney can emphasize how this isolated mistake is out of character and unlikely to be repeated after the scary lesson it provided. Judges recognize that even good people make terrible decisions once without becoming career criminals who need extended incarceration.
Cooperating With Authorities
Refusing a breathalyzer or blood tests and fleeing the accident scene typically leads to the harshest charges. Your defense attorney can present how you remained on the scene, complied with officers’ instructions, and took responsibility for your actions. This cooperation demonstrates remorse and a desire to make amends through proper legal channels.
Enrolling in DUI Programs
Completing DUI education classes, alcohol abuse treatment, group counseling, or community service before your court date exhibits dedication to address underlying issues and ensure you never drink and drive again. Voluntary steps toward rehabilitation are viewed favorably in sentencing.
Compensating the Victim
Where possible, directly making amends to those harmed through restitution payments, civil settlements, or community service performed on their behalf humanizes the situation and satisfies the victim’s sense of justice. While an injured party can still pursue a separate civil lawsuit, reasonable compensation provides closure.
Other Consequences of a DUI Conviction
Beyond fines and jail time, a DUI causing an injury conviction subjects you to various indirect punishments for years. These include:
- Increased auto insurance rates: Premiums typically double or triple and stay inflated for 10 years post-conviction. Some insurers may even cancel your policy.
- Employment difficulties: Many employers conduct criminal background checks and will not hire those recently convicted of an alcohol-related offense, especially roles involving driving.
- Immigration issues: For non-citizens, a felony DUI conviction means nearly certain deportation and inability to re-enter the United States.
- Lifelong criminal record: Although a misdemeanor DUI can eventually be expunged after probation, felony convictions stay permanently on your record and must be disclosed to schools, landlords, and employers.
While expungement can relieve collateral damage from a misdemeanor DUI down the road, a felony DUI causing injury conviction initiates a sequence of dominoes falling that will inhibit critical aspects of your life indefinitely.
Fighting DUI Causing Injury Charges with Experience and Expertise
Defending against DUI with injury accusations requires skillful navigation of California’s complex drunk driving laws, meticulous case investigation, and aggressive negotiation tactics.
The attorneys at The Nieves Law Firm have been practicing criminal defense in California for years. They’ve handled hundreds of DUI cases in that time, including those involving injured victims.
This wealth of experience equips their team with keen instincts on potential weaknesses in the prosecution’s arguments. They know which nuances matter when contesting blood test results, questioning officers’ observations, and scrutinizing witness statements. They utilize connections with respected forensic experts, investigators, and medical professionals to support your advocacy.
While less experienced lawyers simply go through the motions, their intimate understanding of DUI litigation in California courts allows attorneys to spot opportunities to suppress evidence, reduce charges, and secure dismissals for clients.
Don’t Gamble Your Future at the Mercy of the Courts
With years of representing clients in DUI and serious felony cases, The Nieves Law Firm offers battle-tested experience and unwavering commitment to your best interests. Every situation is unique, so let their discreet initial consultation analyze the specifics of your case and develop a custom game plan.
Don’t leave prison time, financial ruin, or eternal stigma to chance. Visit The Nieves Law Firm online today at https://thenieveslawfirm.com/.