DUI Felony with Injury

A DUI accident that causes an injury can turn a difficult situation into a serious felony prosecution. If you have been arrested or charged with DUI causing injury in San Diego County, the consequences may include incarceration, substantial fines and assessments, loss of driving privileges, DUI programs, probation, and additional sentencing enhancements when a person suffers significant injuries.

At the Law Office of Joshua R. Bourne, San Diego DUI defense attorney Joshua Bourne represents people facing serious alcohol- and drug-related driving charges, including felony DUI cases involving accidents and injuries. Mr. Bourne has more than 20 years of experience practicing criminal law in San Diego as both a prosecutor and defense attorney. He established his criminal defense firm in 2006 and has extensive experience handling misdemeanor and felony cases throughout San Diego County.

A DUI injury case should not be treated as though a conviction is inevitable simply because an accident occurred or someone was hurt. California law requires prosecutors to prove several distinct elements before a person can be convicted under the state’s DUI causing injury statute. Questions involving impairment, blood alcohol testing, accident reconstruction, causation, witness statements, medical evidence, and the conduct of other drivers may all become important.

An experienced San Diego DUI felony with injury lawyer can investigate those issues and determine which parts of the prosecution’s case can be challenged.

California DUI Causing Injury Law

California Vehicle Code § 23153 is the primary statute governing DUI offenses that result in bodily injury to someone other than the driver.

Under Vehicle Code § 23153(a), a person violates the law when the person drives while under the influence of alcohol and, while doing so, commits an unlawful act or neglects a legal duty in driving that proximately causes bodily injury to another person.

Vehicle Code § 23153(b) separately applies when a driver has a blood alcohol concentration of 0.08% or greater and commits an unlawful act or neglects a legal duty that proximately causes bodily injury.

The statute also addresses DUI causing injury involving drugs, the combined influence of alcohol and drugs, commercial drivers, and certain drivers transporting passengers for hire.

Importantly, an accident involving an allegedly intoxicated driver does not automatically establish every element of DUI causing injury.

What Must Prosecutors Prove in a DUI Injury Case?

In a typical prosecution under Vehicle Code § 23153(a), the government must establish that:

1. The defendant drove a vehicle.
2. The defendant was under the influence while driving.
3. While driving under the influence, the defendant committed an unlawful act or neglected a legal duty.
4. That act or failure to perform the legal duty caused bodily injury to another person.

That third and fourth requirement can be extremely important.

For example, prosecutors may allege that a driver was speeding, failed to stop at a traffic signal, made an unsafe turn, crossed into another traffic lane, followed another vehicle too closely, or otherwise failed to use reasonable care. The prosecution must then establish the necessary causal connection between that conduct and the victim’s injury.

The DUI itself cannot simply substitute for the additional unlawful act or neglect of duty required by the statute.

When Does DUI Causing Injury Become a Felony?

California DUI causing injury can create felony exposure, but the precise charge and potential sentence depend on the facts of the case, prior record, injuries involved, and charging decisions made by prosecutors.

A person facing a felony DUI injury charge should not assume the ultimate disposition of the case has already been determined. Depending on the circumstances, the defense may dispute the DUI allegation itself, the injury allegations, causation, enhancements, or other aspects of the prosecution’s case.

For a first conviction under Vehicle Code § 23153, Vehicle Code § 23554 authorizes imprisonment in state prison or a county jail term of at least 90 days and up to one year, along with a statutory fine of $390 to $1,000 before additional assessments and fees. Driver’s license consequences also apply.

When probation is granted in a qualifying first-offense case, Vehicle Code § 23556 contains additional requirements, including a county jail condition and completion of an approved DUI education and counseling program.

Felony sentencing can become considerably more serious when aggravating allegations or enhancements are charged.

Great Bodily Injury Enhancements

One of the most important issues in a felony DUI accident is whether prosecutors allege that someone suffered “great bodily injury.”

Under California Penal Code § 12022.7, great bodily injury generally means a significant or substantial physical injury. When a defendant personally inflicts great bodily injury during the commission of a felony, § 12022.7(a) provides for an additional and consecutive three-year prison term when the enhancement applies.

The legal concept of great bodily injury is different from the basic bodily injury required for a DUI causing injury charge. As a result, the nature and extent of the alleged victim’s injuries can have a major effect on potential sentencing exposure.

Medical records, diagnostic imaging, emergency-room records, surgical reports, photographs, statements from medical providers, and evidence regarding the person’s recovery may therefore become significant evidence.

A defense attorney should carefully review the medical evidence rather than simply accepting an initial description of an injury contained in a police report.

DUI Accidents Involving More Than One Injured Person

Cases involving multiple alleged victims can carry additional consequences.

Vehicle Code § 23558 provides that when a person is convicted of a felony DUI causing injury and more than one victim suffers bodily injury or death, the court may impose an additional one-year prison enhancement for each additional injured victim, up to the statutory maximum provided by the section.

The additional injury must be properly alleged and either admitted by the defendant or found true by the trier of fact before the enhancement may be imposed.

A collision involving several occupants therefore requires particularly careful analysis of the injuries attributed to each person and the evidence connecting those injuries to the collision.

Defending a Felony DUI Causing Injury Charge

Every DUI accident is different. Effective defense begins with determining exactly what happened rather than relying solely on the narrative contained in the arrest report.

Challenging Whether the Driver Was Under the Influence

A DUI investigation may include field sobriety tests, breath testing, blood testing, officer observations, body-camera recordings, witness statements, and statements allegedly made by the driver.

Each type of evidence has limitations.

An attorney may investigate whether chemical testing procedures were properly followed, whether testing equipment was functioning correctly, whether a blood sample was properly collected and preserved, whether medications or medical conditions affected the evidence, or whether observations attributed to intoxication have another explanation.

When the case is based on drugs rather than alcohol, toxicology evidence may require especially close scrutiny because detecting a substance does not necessarily answer every question regarding impairment at the time of driving.

Disputing Causation

Causation may be one of the most important issues in a DUI injury prosecution.

Even if prosecutors believe a driver was impaired, they still must establish the additional conduct required under Vehicle Code § 23153 and prove that the alleged unlawful act or neglect of duty caused the injury.

An investigation may therefore examine:

• Vehicle damage and crash-scene photographs
• Surveillance or traffic-camera footage
• Body-camera and dash-camera recordings
• Event data recorder information when available
• Road and weather conditions
• Witness statements
• Skid marks and debris patterns
• Traffic signals and signs
• Statements made by the other driver
• Accident reconstruction evidence

The actions of another driver may also be relevant. A collision that initially appears straightforward may become considerably more complicated after all available evidence is reviewed.

Examining the Alleged Injuries

Police officers may describe an injury shortly after an accident without knowing its ultimate severity. Conversely, injuries that initially appear minor may later prove more significant.

Defense counsel can obtain and evaluate relevant medical documentation to determine whether the prosecution’s description of the injuries is supported by the evidence and whether an enhancement is legally justified.

This can be particularly important when prosecutors allege great bodily injury.

The Criminal Case and DMV Consequences Are Different

A DUI arrest may create both a criminal court case and separate driver’s license consequences involving the California Department of Motor Vehicles.

These are related but distinct proceedings. A favorable development in one does not necessarily resolve the other.

Because deadlines associated with DMV proceedings can arise quickly after a DUI arrest, it is important to speak with a DUI attorney promptly rather than waiting until the first criminal court appearance.

Protecting the ability to drive can be especially important for someone who depends on a vehicle for employment, caring for children, medical appointments, or other daily responsibilities.

Why Early Investigation Matters After a DUI Accident

Evidence can disappear quickly after a serious collision.

Businesses may overwrite surveillance footage. Vehicles may be repaired or destroyed. Witnesses may become difficult to locate. Memories can fade. Road conditions can change.

Early involvement by a defense attorney makes it possible to begin identifying evidence while it is still available.

A thorough investigation may involve obtaining police reports, photographs, recordings, laboratory documentation, medical records, witness information, and other evidence relating to both the DUI allegation and the accident itself.

The goal is to understand the entire event; not simply the prosecution’s version of it.

Attorney Joshua R. Bourne’s Experience With Serious DUI Cases

Joshua R. Bourne has practiced criminal law in San Diego for more than two decades.

After law school, he served as a Deputy City Attorney for the City of San Diego, where he prosecuted criminal cases and spent much of his time working in the Domestic Violence Unit. He later worked at a civil litigation firm, gaining additional litigation experience before founding the Law Office of Joshua R. Bourne in 2006.

Today, his practice includes misdemeanor and felony criminal defense with a particular emphasis on DUI and other serious cases. His experience includes felony injury DUI matters, vehicular homicide cases, and complex prosecutions carrying significant potential consequences.

Mr. Bourne’s education includes the University of California, Davis School of Law, where he won the Traynor Moot Court State Championship and received a Witkin Award in Criminal Law. His professional memberships include the California DUI Lawyers Association, California Attorneys for Criminal Justice, the San Diego Criminal Defense Bar Association, and the San Diego County Bar Association.

When a client hires the Law Office of Joshua R. Bourne, the defense begins with understanding the client’s circumstances and the evidence underlying the accusation.

Frequently Asked Questions About Felony DUI With Injury in San Diego

Can I Be Charged With Felony DUI if the Injury Was Minor?

A DUI causing injury prosecution does not require a great bodily injury enhancement in every case. Vehicle Code § 23153 addresses bodily injury, while Penal Code § 12022.7 separately addresses significant or substantial physical injury for purposes of a great bodily injury enhancement. The seriousness of the injury can affect charging and sentencing issues.

Does an Accident Automatically Mean I Am Guilty of DUI Causing Injury?

No. Prosecutors must prove the required elements of Vehicle Code § 23153. In addition to proving the applicable DUI allegation, they must establish that the defendant committed an unlawful act or neglected a legal duty while driving and that the conduct proximately caused another person’s injury.

What if the Other Driver Contributed to the Accident?

The circumstances surrounding the collision can be highly relevant. Evidence that another driver violated traffic laws, drove negligently, or contributed to the collision may affect the prosecution’s ability to prove causation. The significance of that evidence depends on the particular facts of the case.

Can a Felony DUI Injury Case Be Reduced?

The outcome of any criminal case depends on the evidence, charges, prior history, alleged injuries, enhancements, and other circumstances. A defense attorney may challenge the prosecution’s evidence, seek dismissal of unsupported allegations, negotiate regarding charges or enhancements, or prepare the case for trial when appropriate. No particular outcome can be guaranteed.

Speak With a San Diego DUI Felony With Injury Lawyer

A felony DUI involving an injury can affect your freedom, driver’s license, employment, finances, and future. The sooner the evidence is examined, the sooner your attorney can identify potential weaknesses in the prosecution’s case and begin developing a defense strategy.

Attorney Joshua R. Bourne has more than 20 years of experience practicing criminal law in San Diego and represents clients facing serious DUI and felony charges throughout San Diego County. He understands that an arrest does not tell the entire story and that every element of the government’s case must be proven.

If you have been arrested or charged with DUI causing injury, contact the Law Office of Joshua R. Bourne for a free consultation. Speak directly with an experienced San Diego DUI lawyer about the allegations, possible penalties, driver’s license consequences, and the steps that can be taken to protect your rights.