DUI Causing Injury

A DUI Causing Injury is often referred to as a “DUI with injury”. It“, can be one of the many sentencing enhancements for DUI. An injury to someone other than the driver can cause there to be jail time for a DUI. It can also make a DUI a felony, which can significantly increase the potential punishment for a DUI.

While the “normal” DUI charges are California Vehicle Code section 23152(a) and (b), a DUI with injury is charged under Vehicle Code section 23153 (a) or (b), which states:

Vehicle Code 23153 VC reads: “(a) 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. (b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood 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. . . . (e) It is unlawful for a person, while under the influence of any drug, 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. “

We have a separate page and article all about whether or not a DUI is a misdemeanor or a felony (and what makes it one or the other), but a DUI with injury needs special considerations, as the consequences can be serious.

DUI Causing Injury Consequences

Under the law, a DUI where the driver arrested for DUI is at fault for injury to another is treated differently that other DUIs. Restitution, which means paying for reimbursement, is mandatory. In most cases, that means that insurance companies are involved, and they will make a separate determination for fault, and a civil case for personal injury, or other damages, is likely.

If the case alleges great bodily harm, then the case may be filed as a felony. That increases the punishment. For example, if the case were a misdemeanor with no priors and was an Orange County DUI, then usually the DA will offer minimum terms (including no jail time), and community service for the accident, depending on severity.

If the DUI case is a felony, with no previous convictions, then the sentencing court has the choice to sentence the defendant to 2 years, 3 years, or 4 years in state prison. That means that the minimum jumps from no jail time to two years minimum, which makes a huge difference.

For that reason, we recommend you consult with our Orange County DUI Lawyer Robert Miller. Contact our firm anytime for an appointment.