California Vehicle Code Section 23153 defines drunk driving with an injury as follows:

It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or the combined influence of any alcoholic beverage or drug [or with a BAC of .08 or higher], to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

Most people who are arrested for DUI after an accident do not realize that they are not automatically guilty of drunk driving with an injury.  In fact, if another party is responsible for the accident, you may still be charged with DUI but may not necessarily be automatically charged with the higher offense of “DUI with an injury”.

Requirements of DUI with Injury Charges

In order for the more severe charge of DUI with Injury to be imposed on you these conditions must be proven:

Violation of a traffic law
Acting with civil negligence

Violation of Traffic laws

Violating any traffic laws while driving under the influence could result in the higher charge being brought against you. These include but are not limited to:

Failing to stop at a red light
Failure to yield
Tailgating
Speeding

Any of these traffic law violations could result in a violation under section 23153.

DUI with Injury

The penalties for DUI with injury are far more serious than they are for a simple DUI.  Prosecuting attorney's may charge a DUI as a misdemeanor charge with a maximum sentence of up to one year in jail as well as fines, drivers eduction classes and other similar penalties. However, if the prosecution elects to pursue the higher charge of DUI with Injury, it becomes a felony charge subject to upwards of three years in state prison for one (1) person injured. If there are additional people injured, jail time of upwards of one year may be imposed for each injured person.

Great Bodily Injury Enhancement

Those who are involved in automobile accidents involving DUI and injuries may also have their charges enhanced with the 'great bodily injury' charges. This additional enhancment may add up to three additional years in a state prison facility.

DUI & Three Strikes Law

If in the event that a DUI with injury is enhanced with the “great bodily injury” charge this offense is then considered under the California Three Strikes law.  Any DUI offense in Riverside requires the immediate involvement of a skilled Riverside DUI Attorney.

Charges

If you or anyone you love is facing Riverside DUI with injury charges, you should contact an aggressive, experienced DUI defense attorney immediately.  You will need their assistance in early defense investigation.  Some steps that a Riverside DUI attorney will take include:

Independent Toxicology Reports
Accident Reconstruction Analysis
Interviewing of Witnesses

Important notes

It is to be expected that if you are involved in an accident that involves a DUI that the investigating officers will automatically assume you are to blame for the accident.  DUI accident reports are nearly always written with this bias.  At Rizio and Nelson our experienced Riverside DUI accident lawyers will conduct an immediate, independent investigation and help ensure that the accident report is not the only detail that is taken into consideration.

Contact Rizio & Nelson your aggressive, experienced Riverside DUI attorneys as soon as you believe you may be charged with any DUI accident charge.