DUI Causing Great Bodily Injury: Felony or Misdemeanor?

Driving under the influence (DUI) is a serious offense that can have significant legal consequences, especially when it results in great bodily injury (GBI) to another person. In California, DUI is typically charged under Vehicle Code (VC) 23152(a) for driving under the influence of alcohol or drugs, and VC 23152(b) if the driver’s blood alcohol concentration (BAC) is 0.08% or higher at the time of driving. When a DUI results in GBI, the crime becomes a “wobbler,” meaning the prosecution can charge it as either a felony or a misdemeanor. This article will explore the nuances of DUI causing GBI, the legal implications, and the potential consequences for those charged with this offense.

Understanding DUI Charges Under VC 23152(a) and VC 23152(b)

Under VC 23152(a), it is unlawful to drive a vehicle while under the influence of alcohol, drugs, or a combination of both. This charge does not rely solely on BAC levels but on the driver’s impairment, which can be demonstrated through various forms of evidence such as field sobriety tests, witness observations, and the driver’s behavior.

VC 23152(b), on the other hand, specifically targets drivers with a BAC of 0.08% or higher. This charge is based on the chemical evidence from breath, blood, or urine tests that indicate the driver’s BAC at the time of driving.

What Constitutes Great Bodily Injury (GBI)?

Great bodily injury refers to significant physical injury. It is more severe than minor or moderate harm and can include injuries such as broken bones, significant disfigurement, or prolonged loss of bodily function. The determination of what constitutes GBI is often made by the court based on the specifics of the injury and the impact on the victim.

DUI Causing Great Bodily Injury: Wobbler Offense

When a DUI results in GBI to another person, the offense is classified as a wobbler. This means the prosecution has the discretion to charge the offense as either a felony or a misdemeanor, depending on various factors, including the severity of the injury, the circumstances of the incident, and the defendant’s prior criminal history.

Felony Charges:

• If the prosecution chooses to file the DUI causing GBI as a felony, the penalties become significantly harsher. A felony conviction carries more severe legal consequences, including longer jail or prison sentences and greater social stigma.

Misdemeanor Charges:

• If charged as a misdemeanor, the penalties are less severe but still serious, potentially including jail time, fines, probation, and mandatory DUI education programs.

Penalties for DUI Causing Great Bodily Injury

Felony DUI Causing GBI:

• Prison Sentence: A felony DUI causing GBI can result in a prison sentence of up to three years. However, the GBI enhancement adds three to five years to the sentence, which must be served consecutively.
• Strike Offense: Under California’s Three Strikes Law, a felony DUI causing GBI is classified as a strike offense. This means that the defendant must serve at least 85% of their sentence before being eligible for parole.
• Fines: The fines for a felony DUI causing GBI can be substantial, often reaching thousands of dollars.
• Restitution: The defendant may be required to pay restitution to the victim to cover medical expenses, lost wages, and other costs related to the injury.
• Probation: In some cases, the court may impose probation in addition to or instead of a prison sentence. Probation can include various conditions such as regular check-ins with a probation officer, community service, and participation in DUI education programs.
• License Suspension: A felony DUI conviction typically results in a lengthy driver’s license suspension or revocation.

Misdemeanor DUI Causing GBI:

• Jail Time: A misdemeanor DUI causing GBI can result in up to one year in county jail.
• Fines: Fines for a misdemeanor DUI are typically lower than those for a felony but can still be significant.
• Restitution: Similar to felony charges, the defendant may be required to pay restitution to the victim.
• Probation: Misdemeanor probation may be imposed, which can include DUI education programs, community service, and other conditions.
• License Suspension: A misdemeanor conviction can also result in a driver’s license suspension, though the duration may be shorter than for a felony.

Legal Defenses for DUI Causing Great Bodily Injury

If you are charged with DUI causing GBI, it is crucial to have a strong legal defense to protect your rights and future. Some common defenses include:

1. Challenging the DUI Stop:
   • Arguing that the initial traffic stop was unlawful due to lack of probable cause or reasonable suspicion.
2. Questioning the Accuracy of BAC Tests:
   • Contesting the accuracy of breath, blood, or urine tests due to improper administration, faulty equipment, or contamination.
3. Proving Lack of Impairment:
   • Presenting evidence that the driver was not impaired at the time of the incident, despite the presence of alcohol or drugs in their system.
4. Injury Not Amounting to GBI:
   • Arguing that the injuries sustained by the victim do not meet the legal definition of great bodily injury.
5. Causation:
   • Demonstrating that the defendant’s driving did not cause the accident or the resulting injuries.
6. Medical Conditions:
   • Presenting evidence of medical conditions that could have affected the defendant’s behavior or BAC results, such as diabetes or acid reflux.

Contact an Experienced Orange County Criminal Defense Attorney

DUI causing great bodily injury is a serious offense that can result in significant legal consequences, including felony charges, lengthy prison sentences, and substantial fines. The classification of the crime as a wobbler means that the prosecution has discretion in how the charge is filed, and the potential penalties can vary widely.

If you have been arrested or charged with DUI causing GBI, it is essential to seek experienced legal representation to protect your rights and navigate the complexities of the legal system. Contact the Law Offices of John D. Rogers to schedule a consultation with an experienced Orange County criminal defense attorney. With a deep understanding of DUI laws and a commitment to providing robust defense strategies, John D. Rogers can help you achieve the best possible outcome in your case.