A DUI Accident With Injuries in California Is a Different Kind of Charge
When a DUI accident injures someone else, the charge shifts from a misdemeanor to a felony — and the consequences shift with it. State prison exposure replaces county jail. Multiple victims mean multiple counts. Great bodily injury enhancements stack consecutive sentences on top of the base offense. At the Law Office of Nic Cocis, we defend DUI cases involving injury in Murrieta and Southwest Riverside County with the seriousness the felony charge demands.
How California Charges DUI Accidents With Injuries
Vehicle Code § 23153 — The Injury DUI Statute
California Vehicle Code § 23153 applies when a person drives under the influence, commits an act forbidden by law or neglects a duty imposed by law while driving, and that act or neglect causes bodily injury to another person. Three elements must be proven: impairment, an unlawful act or negligence, and causation of injury. Each is contestable.
The base sentence for a first-offense § 23153 conviction is 16 months, two, or three years in state prison, or — in the court’s discretion — up to one year in county jail with formal probation. The prison exposure increases significantly with enhancements.
Great bodily injury — Penal Code § 12022.7.
A great bodily injury (GBI) enhancement adds three to six years consecutive to the base sentence. GBI means significant or substantial physical injury — broken bones, lacerations requiring significant medical intervention, internal injuries. Not every injury from a DUI accident qualifies, and the severity determination can be contested.
Multiple victim enhancement — Vehicle Code § 23558.
Each additional person injured beyond the first adds one year, consecutive, to the sentence. A DUI accident with three injured occupants of another vehicle can result in the base sentence plus two additional consecutive years before any GBI enhancement is even considered.
Prior DUI convictions.
A prior DUI conviction within ten years elevates the sentencing range significantly. A second or subsequent § 23153 offense within ten years carries two, four, or six years in state prison as the base range.
The Causation Element: Where Defense Often Lives
The prosecution must prove that the defendant’s driving caused the injury — not just that an accident occurred while the defendant was impaired. In multi-vehicle accidents, the cause of the collision may be genuinely contested. A driver who was impaired but was rear-ended presents a different causation picture than a driver who ran a red light. An impaired driver who had the green light when another driver turned into their path may have a valid causation defense.
Accident reconstruction evidence, traffic signal data, physical evidence from the scene, and witness accounts all bear on the causation question. We retain accident reconstruction experts in § 23153 cases where causation is contested.
How We Defend DUI Injury Cases
The defense in a § 23153 case is built on three levels: the impairment evidence, the causation theory, and the injury characterization.
Impairment.
The same chemical testing and field sobriety test challenges available in any DUI apply here — with higher stakes. A BAC just over the limit that’s contaminated by testing procedure problems is worth challenging even more aggressively when the charge is a felony rather than a misdemeanor.
Causation.
We reconstruct the accident independently and examine whether the defendant’s driving was the proximate cause of the injuries, or whether another party’s conduct was an intervening or contributing cause.
Injury characterization.
GBI enhancements depend on the injury meeting the “significant or substantial” standard. Not every injury from a vehicle accident meets that standard. Medical records, treatment records, and the actual severity of the injury are all examined against the legal definition.
01
Accident Reconstruction
We retain an independent accident reconstructionist to analyze the physical evidence and produce an opinion on causation that doesn't rely solely on the prosecution's investigation.
02
Medical Record Review
Every claimed injury is documented against the GBI standard. Injuries that don't meet the threshold shouldn't support a GBI enhancement, and challenging enhancement allegations directly affects the sentencing range.
03
Chemical Testing Analysis
The impairment evidence is examined with the same scrutiny as any DUI case. In a felony prosecution, this analysis is more consequential.
04
Negotiation and Trial
In § 23153 cases, the difference between the prosecution's initial charge and a negotiated resolution can be years. We enter those negotiations knowing the evidence and using it — not hoping the DA will be reasonable.
Why Choose the Law Office of Nic Cocis?
Felony DUI Experience
Has handled § 23153 charges including multi-victim and GBI enhancement cases
Expert-Based Defense
Uses accident reconstruction and medical experts where the evidence warrants
Former DA’s Office Intern
Understands how injury DUI cases are evaluated and charged
Multilingual Services
English, Romanian, and Spanish available
Frequently Asked Questions
Facing a DUI Injury Charge in Murrieta?
The felony charge changes everything. Contact the Law Office of Nic Cocis as soon as possible. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.
