What is DUI Causing Injury in California?
Vehicle Code § 23153: DUI with Injury
Under California law, you commit DUI causing injury when:
- You drive under the influence of alcohol (BAC .08%+ or impaired) or drugs
- While DUI, you commit an illegal act or neglect a legal duty
- Your conduct causes bodily injury to another person
Critical Point: The injury doesn't have to be serious. Even minor injuries like bruises, soft tissue damage, or whiplash can support felony DUI causing injury charges. The prosecution does NOT need to prove you intended to hurt anyone—only that your intoxicated driving caused the injury.
Who Can Be an "Injured Person"?
DUI causing injury applies when ANY person is injured, including:
- Passengers in other vehicles
- Pedestrians
- Bicyclists
- Passengers in YOUR vehicle (yes, even your own passengers)
- Other drivers
- Anyone else affected by the collision
You can be charged even if you were also injured in the accident.
DUI Causing Injury: Wobbler Offense Explained
DUI causing injury is what California law calls a "wobbler"—an offense that can be charged as either a felony or a misdemeanor. This is CRITICAL because it means we have opportunities to reduce your charge.
Charged as Misdemeanor
- Up to 1 year in county jail
- $390-$5,000 in fines
- 5-year license suspension
- DUI program (18-30 months)
- Victim restitution
- Misdemeanor on record (less severe)
Charged as Felony
- 16 months, 2, or 3 years STATE PRISON
- Additional 1-6 years per injured victim
- $1,015-$5,000+ in fines
- 5-year license revocation
- 30-month DUI program
- Permanent FELONY record
- Loss of gun rights
- Possible "strike" if great bodily injury
The difference between misdemeanor and felony is life-changing. My primary goal in DUI causing injury cases is convincing the prosecutor or judge to charge/reduce to misdemeanor rather than felony.
Penalties for DUI Causing Injury in Grass Valley
Felony DUI Causing Injury Penalties
Base Sentence
- 16 months, 2 years, or 3 years in state prison (base term)
Enhancements (Added to Base Sentence)
- Additional victims: +1 year for each additional person injured (up to 3 years)
- Great bodily injury (Penal Code § 12022.7): Mandatory +3-6 years consecutive
- Prior DUI convictions: May increase sentence
- High BAC (.15%+): Aggravating factor at sentencing
Fines and Financial Consequences
- $1,015-$5,000+ in criminal fines
- Victim restitution (medical bills, lost wages, pain and suffering) - can be $10,000-$100,000+
- DUI program costs ($1,800-$2,500)
- Increased insurance rates ($5,000-$15,000 over 3-10 years)
Driver's License
- 5-year license revocation by DMV
- Designated as habitual traffic offender
- SR-22 insurance requirement
- Ignition interlock device required upon reinstatement
Collateral Consequences
- Permanent felony conviction on record
- Loss of firearm ownership rights
- Extreme difficulty finding employment
- Professional license revocation or suspension
- Housing discrimination (landlords can reject felons)
- Deportation risk for non-citizens
- Custody and visitation issues
| Penalty | Misdemeanor | Felony | Felony + Great Bodily Injury |
|---|---|---|---|
| Jail/Prison | Up to 1 year county jail | 16 months - 3 years state prison | 3-9 years state prison (base + GBI) |
| Per Additional Victim | No enhancement | +1 year per person (up to 3) | +1 year per person (up to 3) |
| Criminal Record | Misdemeanor | FELONY | FELONY + STRIKE |
| Gun Rights | Retained | LOST FOREVER | LOST FOREVER |
| Three Strikes | No | No | YES - counts as "strike" |
⚠️ GREAT BODILY INJURY = STRIKE OFFENSE
If the prosecution charges you with great bodily injury under Penal Code § 12022.7, your offense becomes a "strike" under California's Three Strikes law. This means:
- Mandatory additional 3-6 years in prison (consecutive, not concurrent)
- The conviction counts as a "strike" on your record forever
- Any future felony conviction will result in DOUBLE the normal sentence
- A third strike means 25 years to life in prison
Fighting the great bodily injury enhancement is absolutely critical.
What is "Great Bodily Injury"?
Great bodily injury (GBI) is defined as "significant or substantial physical injury" beyond minor or moderate harm. California courts look at factors like:
- Severity of injury: Broken bones, traumatic brain injury, permanent scarring, loss of consciousness
- Medical treatment required: Surgery, hospitalization, ongoing therapy
- Pain and suffering: Severe or prolonged pain
- Permanent impairment: Lasting physical limitations or disabilities
- Disfigurement: Permanent visible scarring or deformity
What Does NOT Constitute Great Bodily Injury
- Soft tissue injuries (sprains, strains)
- Minor cuts or bruises
- Whiplash without significant complications
- Injuries requiring only emergency room visit (no hospitalization)
- Injuries that heal completely within weeks
If I can show the injury wasn't "great bodily injury," the enhancement and strike are removed from your case. This reduces your prison exposure by 3-6 years and eliminates the strike.
Defending DUI Causing Injury Charges
DUI causing injury cases are complex because the prosecution must prove BOTH that you were driving under the influence AND that your intoxication caused the injury. This creates multiple defense opportunities:
1. Challenge Causation
The prosecution must prove your intoxication CAUSED the accident and injuries. I attack this element by showing:
- Other driver's fault: The other driver ran a red light, was speeding, made an illegal turn, or otherwise caused the collision
- Road conditions: Poor weather, inadequate signage, road defects, construction zones contributed to or caused the accident
- Mechanical failure: Brake failure, tire blowout, or other vehicle defects caused the accident
- Unavoidable accident: Even a sober driver couldn't have avoided the collision
- Accident reconstruction: Expert analysis showing the accident would have happened regardless of intoxication
If I create reasonable doubt about causation, you may be convicted only of simple DUI (misdemeanor) rather than DUI causing injury.
2. Challenge the Underlying DUI
Even in injury cases, I still attack the foundational DUI evidence:
- Illegal traffic stop: Without reasonable suspicion, all evidence is suppressed
- Faulty breathalyzer: Calibration records, maintenance logs, operator errors
- Blood test problems: Chain of custody, contamination, fermentation, improper storage
- Rising BAC defense: Your BAC was under .08% while driving but rose by testing time
- Medical conditions: Diabetes, GERD, medications can affect test results
- Field sobriety test issues: Medical conditions, nervousness, poor lighting/surface
If the prosecution can't prove you were DUI, there's no DUI causing injury—only a traffic accident.
3. Fight Great Bodily Injury Enhancement
I obtain all medical records and consult with medical experts to challenge the GBI allegation:
- Independent medical examination: Our doctors evaluate whether injuries meet legal definition of GBI
- Medical records review: Show injuries were minor, temporary, or pre-existing
- Recovery timeline: Quick recovery indicates injury wasn't "great"
- Treatment analysis: Outpatient treatment only, no surgery, no hospitalization
- Pre-existing conditions: Victim had prior injuries to same area
Defeating the GBI enhancement removes 3-6 years from your sentence and eliminates the strike.
4. Negotiate Felony Reduction to Misdemeanor
As a wobbler, DUI causing injury can be reduced to misdemeanor. I negotiate with the Grass Valley prosecutor using:
- Minimal injuries: Soft tissue only, no broken bones, no surgery
- Victim cooperation: Victim doesn't want felony prosecution or harsh sentence
- Clean record: No prior DUI convictions or criminal history
- Low BAC: .08-.10% BAC (barely over limit)
- Mitigation evidence: Completion of alcohol treatment, character letters, employment history
- Weaknesses in case: Problems with causation evidence, DUI proof, or witness testimony
Misdemeanor conviction avoids state prison, avoids felony record, preserves gun rights, and protects your future.
5. Victim Restitution Mitigation
You'll owe restitution to victims for their losses. I work to minimize restitution by:
- Challenging excessive or unrelated medical bills
- Negotiating payment plans with victims
- Showing insurance already covered expenses
- Disputing claimed pain and suffering damages
- Working with your insurance company
Factors That Determine Wobbler Charging
Prosecutors and judges consider these factors when deciding whether to charge/sentence DUI causing injury as felony or misdemeanor:
Factors Supporting Misdemeanor
- Minor injuries (soft tissue, bruising, sprains)
- No hospitalization required
- Quick recovery (weeks, not months)
- Low BAC (.08-.12%)
- No prior DUI convictions
- Clean criminal record
- Victim's lenient position
- Contributing factors (other driver's fault, road conditions)
- Strong employment and family ties
- Proactive steps (treatment, AA, therapy)
Factors Supporting Felony
- Serious injuries requiring surgery or hospitalization
- Multiple injured victims
- High BAC (.15%+)
- Prior DUI convictions
- Criminal history
- Reckless driving (high speed, evading police)
- Leaving scene of accident
- Injuries to children
- Refusal to cooperate with investigation
The First 48 Hours Are Critical
Immediately after a DUI with injury arrest:
- Do NOT give statements to police about the accident or your drinking without an attorney
- Do NOT post on social media about the incident—prosecutors monitor this
- Do NOT contact the victim—this can be used against you
- DO preserve evidence: Take photos of accident scene, your vehicle, injuries you sustained
- DO request DMV hearing within 10 days to fight license suspension
- DO hire an attorney immediately—the earlier I'm involved, the better I can protect you
DMV Hearing for DUI Causing Injury
Separate from criminal charges, the DMV will attempt to suspend your license for 4-5 years. You must request a hearing within 10 days to fight this.
Call me immediately at 530-265-0186 to request your DMV hearing before the deadline expires.
Common Questions About DUI Causing Injury
What is DUI causing injury under California law?
DUI causing injury (Vehicle Code Section 23153) occurs when you drive under the influence and someone is injured as a result, even if the injuries are minor. This is a wobbler offense that can be charged as either a misdemeanor or felony depending on the circumstances, your criminal history, and the severity of injuries.
Can DUI causing injury be reduced from felony to misdemeanor?
Yes. As a wobbler offense, DUI causing injury can be reduced to a misdemeanor either before sentencing through negotiation or after conviction under Penal Code Section 17(b). Factors that support reduction include minimal injuries, no great bodily injury, clean criminal record, strong mitigation, and weaknesses in the prosecution's case.
What is great bodily injury and how does it affect my DUI case?
Great bodily injury (GBI) is a significant or substantial physical injury beyond minor harm. If charged under Penal Code Section 12022.7, it adds a mandatory consecutive 3-6 years to your sentence and makes your offense a strike under California's Three Strikes law. Fighting the GBI enhancement is critical to avoiding these severe consequences.
Will the victim's opinion affect my DUI causing injury case?
While victims don't control whether charges are filed, their cooperation and wishes can influence the prosecutor's approach and the judge's sentencing. If the victim doesn't want harsh punishment or doesn't believe you were at fault, this can be powerful mitigation evidence that I use in negotiations and at sentencing.
What if I was injured too in the accident?
You can still be charged with DUI causing injury even if you were also injured. The prosecution only needs to prove someone else was injured due to your intoxicated driving. However, your injuries may support arguments about causation (that the accident wasn't entirely your fault) or mitigation at sentencing.
How much will I owe in victim restitution?
Restitution depends on the victim's economic losses: medical bills, lost wages, property damage, and sometimes pain and suffering. Amounts range from a few thousand to over $100,000 depending on injury severity. I work to minimize restitution by challenging excessive claims and showing insurance coverage.
Can my insurance company deny coverage for DUI accidents?
Most insurance policies cover accidents even if you were DUI, but insurers may raise your rates dramatically or drop you afterward. Your insurance should cover the victim's property damage and injuries up to your policy limits. However, you're personally liable for restitution beyond what insurance pays.
Contact Grass Valley DUI Injury Attorney
If you've been arrested for DUI causing injury in Grass Valley, time is critical. The prosecution is building its case against you right now, and delays can harm your defense. I need to:
- Request your DMV hearing within 10 days
- Investigate the accident scene before evidence disappears
- Obtain medical records to challenge great bodily injury allegations
- Begin negotiations for felony reduction to misdemeanor
- Preserve witness statements and evidence
Call 530-265-0186 now for an immediate consultation. I'll review your case, evaluate the evidence, and explain exactly how I can fight your DUI causing injury charges. The difference between felony and misdemeanor often comes down to early, aggressive defense.
Don't let one accident destroy your entire future. Let me fight for a misdemeanor reduction and protect your freedom.