When a DUI arrest follows a collision involving injury, the charge changes entirely — moving from a standard DUI into a more serious offense with significantly higher stakes.
What Makes This Charge Different
California Vehicle Code § 23153[1] — often referred to as "DUI causing injury" or DUI with great bodily injury (GBI) — requires the prosecution to prove four elements: that you drove a vehicle, that you were under the influence of alcohol, drugs, or both, that you committed an illegal act or neglected a legal duty while driving, and that this caused bodily injury to another person. That fourth element — an actual injury to someone else — is what separates this charge from a standard DUI.
A Wobbler With a Wide Penalty Range
Vehicle Code 23153 is a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on the severity of the injury, the defendant's history, and the specific facts:
- As a misdemeanor: up to one year in county jail, up to $5,000 in fines, informal probation of three to five years, and license suspension of up to three years.
- As a felony: up to four years in state prison, up to $5,000 in fines, license suspension of up to five years, and — if someone other than the driver suffered great bodily injury — a strike on the defendant's record under California's Three Strikes law.
How These Cases Are Handled in San Bernardino County
A felony DUI-with-injury case arising from a Chino Hills incident typically begins with arraignment at the Rancho Cucamonga Justice Center[2]. Because felony cases carry additional procedural steps, the case proceeds through a preliminary hearing — where the prosecution must show a judge that probable cause supports the charge — before a second arraignment on the formal felony information, followed by pretrial hearings and, if unresolved, trial.
What a Defense Actually Examines
- Whether the "illegal act or neglect of duty" element is actually supported by the evidence, separate from the fact that a collision occurred
- Whether the injury meets the legal threshold, and how its severity is being characterized
- Whether the DUI evidence itself — chemical testing, field sobriety performance, officer observations — holds up independently
- Whether the case should be pursued as a misdemeanor rather than a felony, given the specific facts
Frequently Asked Questions
Does a DUI accident automatically mean a felony charge?
No — Vehicle Code 23153 is a wobbler, so it can be charged as a misdemeanor depending on the severity of the injury and the circumstances of the case.
What does "great bodily injury" actually mean under this statute?
It generally refers to significant or substantial physical injury, which is a higher bar than a minor injury — the specific facts of the injury are often a contested issue in these cases.
Can a felony DUI-with-injury conviction count as a strike?
Yes — if convicted as a felony and someone other than the driver suffered great bodily injury, it can be treated as a strike under California's Three Strikes law.
Facing a DUI Injury Charge in Chino Hills?
The stakes on a felony DUI-with-injury case are substantially higher than a standard DUI, and the case moves through additional court stages. The Cespedes Law Firm, L.C. is headquartered in Chino Hills and represents clients in English and Spanish throughout California. Call (323) 622-4951 for a free consultation.
This page is provided for general information only and is not legal advice. Contact our office to discuss the specifics of your case.
