A DUI charge in California carries serious consequences, but when someone is hurt, the legal ramifications shift dramatically. A charge that might otherwise be a misdemeanor can become a felony carrying state prison time and other serious long-term consequences. Knowing where that line falls and how to respond is where the right drunk driving accident defense lawyer becomes essential.
Here’s what every California driver should know about how these two charges differ.
What a Standard DUI Means Under California Law
Under California Vehicle Code § 23152, a standard DUI applies when a driver operates a vehicle with a blood alcohol concentration (BAC) at or above the legal threshold or while impaired by drugs. For most first-time offenders, this is charged as a misdemeanor.
Possible consequences of a DUI include:
- Up to six months in county jail
- Fines, penalties, and associated costs, which can exceed $10,000 in total
- A driver’s license suspension or restriction
- Mandatory DUI school and probation
A conviction remains on your California driving record for ten years, which can affect insurance rates and professional licensing.
How a DUI With Injury Changes the Charge
California Vehicle Code § 23153 applies when a driver causes bodily injury to another person while under the influence. Prosecutors can charge this as either a misdemeanor or a felony, depending on injury severity and the defendant’s prior record.
A felony DUI with injury carries a state prison sentence of 16 months, two years, or three years for a single victim, with additional time possible depending on injury severity, and further time added for each additional person hurt. When prosecutors also allege a Great Bodily Injury enhancement under Penal Code § 12022.7 and it is proven, the offense may qualify as a strike under California’s Three Strikes Law, with consequences that can extend far beyond the original sentence.
Why the Distinction Shapes Your Drunk Driving Accident Defense Strategy
The gap between these two charges goes beyond sentencing. In a DUI with injury case, prosecutors must prove the driver was under the influence, committed an unlawful act or neglected a legal duty, and that conduct caused bodily injury to another person.
Defense strategies depend on the specific facts. An attorney may contest whether impairment actually caused the accident or challenge the reliability of the chemical testing procedures used.
Speak With a Drunk Driving Accident Defense Lawyer at Shnider Law Firm
When an injury is alleged during a DUI, prosecutors pursue these cases vigorously, and the window to build a meaningful defense narrows fast. Attorney Aaron Shnider has spent more than 16 years in trial courts on both sides, as a prosecutor and as a deputy public defender, and that dual experience shapes how Shnider Law Firm approaches every case.
Contact us for a free, confidential case review with a drunk driving accident defense lawyer in the Bay Area who understands what the prosecution will bring and how to counter it.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Every DUI case is unique. Consult a qualified DUI defense attorney to discuss your specific situation.
About the Author: Aaron Shnider
