DUI with Injury


DUI with Injury (VC 23153)

If you drove under the influence of alcohol and/or drugs and while driving you injured another person, you may be convicted with VC 23153(b) “driving with a BAC of 0.08% or greater and causing an injury”.

Misdemeanor DUI with Injury:

Informal probation can range between 3 to 5 years with fines imposed up to $5,000, depending on the facts of the case and the injuries involved. You will be required to attend court approved alcohol or drug education programs ranging between 3, 9, 18 or 30 months. Your license may also be suspended for up to three years. You may also be required to pay restitution to any/all injured parties.

 Felony DUI with Injury:

If convicted of a felony DUI with injury, the court will require State prison time between 2 to 4 years. If the victim suffers great bodily injury and/or there are multiple victims injured, additional prison time can be imposed for each additional victim. In addition, a “strike” may be placed on your record if anyone other than yourself suffers great bodily injury. Subsequent DUI with Injury offenses will permanently mark you as a Habitual Traffic Offender (HTO).

What happens if someone is killed or injured in a DUI?

If someone is killed or injured as the result of driving under the influence of alcohol, or while blood alcohol is 0.08% or more, the driver can be found guilty of a felony and could go to state ­prison for over a year, and possibly for up to four years, depending on whether it’s the driver’s first, second, or third offense. Prior convictions for misdemeanor under-the-influence or over-0.08% driving count as prior offenses for the purpose of increasing the prison sentence. So do prior convictions of alcohol-related reckless driving. The jury (and sometimes the judge) will have the option of reducing the offense to a misdemeanor, but even in such cases, the person convicted could still spend up to a year in the county jail—and probably will, since judges take DUI extremely seriously under these circumstances. Also, a person faced with a fourth drunk-driving charge over a ten-year period may be charged with a felony, even where no one was ­injured as a result of the offense.