A DUI involving an accident or injury can carry significantly more serious consequences than a standard DUI charge. In California, driving under the influence and causing injury to another person may be charged under Vehicle Code §23153.
Depending on the circumstances of the case, DUI causing injury may be charged as either a misdemeanor or a felony. A felony charge may result in a state prison sentence versus a misdemeanor charge, that may result in a local jail sentence with alternatives (work release, community service or electronic home confinement). A felony charge requires a preliminary hearing (an additional hearing held in front of a judge to determine if there is probable cause for the case to proceed to trial), unlike a misdemeanor charge.
When Can a DUI Be Charged as a Felony in California?
If a driver is involved in a collision and another person is injured, or if the driver has a felony DUI prior or three or more prior misdemeanor DUI convictions within ten years of the current charge, the case may be charged as a felony. The circumstances surrounding the accident and the driver’s history determine how the case is charged.
Factors may include:
- The nature and severity of the injuries
- The circumstances surrounding the collision
- Prior DUI or related convictions (“wet reckless” charges count as priors)
- The driver’s criminal and driving history
- Whether more than one person was injured
Every case is different, and an accident involving a suspected DUI does not automatically determine the outcome of the case.
DUI With Priors California Vehicle Code §23550.5 or DUI Causing Injury Vehicle Code §23153
California Vehicle Code §23550.5 (DUI with priors) or §23153 (DUI causing injury) may be alleged when a person is alleged to have been driving under the influence as a felony.
A DUI involving injury under California Vehicle Code §23153 may involve alcohol, drugs, or a combination of alcohol and drugs. The prosecution must establish the elements required under California law, including the connection between the driver’s conduct and the resulting injury.
Because these cases involve both the DUI investigation and the circumstances of the collision, the evidence may extend beyond blood alcohol or chemical testing.
Evidence in a Felony DUI Case
A felony DUI investigation may involve several types of evidence. Depending on the circumstances, this can include:
- Police reports and officer observations
- Breath, blood, or other chemical test results
- Field sobriety testing
- Witness statements
- The existence of prior DUI convictions within ten years of the current charge
- Video or camera footage
- Accident reports and collision evidence
- Medical information regarding reported injuries or death
An attorney can review the evidence surrounding both the DUI investigation and the collision to identify legal or factual issues that may affect the case.
What Are the Potential Consequences of a Felony DUI?
A felony DUI conviction can have serious consequences. Depending on the circumstances of the case, potential consequences may include incarceration in state prison, fines, probation or parole, driver’s license consequences, DUI education or treatment requirements, restitution to compensate the other party for out of pocket expenses and other court-ordered conditions.
Additional consequences may apply when multiple people are injured or when other aggravating circumstances are alleged, including death, such as a gross vehicular manslaughter charge under Penal Code §192(c)(1) punished as a felony in the event a person dies.
Because the potential penalties depend heavily on the facts of the case and a person’s prior record, it is important to evaluate each case individually.
What Should I Do After a Felony DUI Arrest?
A DUI arrest can involve two separate matters: the criminal case and administrative proceedings involving your driver’s license.
California imposes strict deadlines for challenging certain DMV license suspensions after a DUI arrest. Taking action quickly can help preserve your options.
Our DUI Defense Checklist outlines important steps to consider following an arrest. View the DUI Defense Checklist
You can also learn more about DUI investigations, DMV hearings, prior convictions, and other DUI-related issues on our DUI Defense page.Explore DUI Defense Services
Frequently Asked Questions About Felony DUI
Is every DUI involving an accident a felony?
No. An accident alone does not automatically make a DUI a felony. The presence of injuries, the circumstances surrounding the collision, prior convictions, and other factors can affect the charges that are filed.
Can DUI causing injury be charged as a misdemeanor?
Yes. California DUI causing injury may be prosecuted as either a misdemeanor or felony depending on the circumstances of the case.
Can a drug DUI involving an injury become a felony?
Yes. Vehicle Code §23153 applies to driving under the influence of drugs as well as alcohol and the combined influence of alcohol and drugs when the other legal requirements of the statute are met.
Do prior DUI convictions affect a felony DUI case?
Prior DUI and related convictions can affect potential charges and penalties. The specific impact depends on the type and timing of the prior conviction and the circumstances of the current case.
What if it is unclear who caused the accident?
Fault and causation are important issues in a DUI causing injury case. An attorney can review accident reports, witness statements, video, physical evidence, and other information relevant to how the collision occurred. If you were not at fault in the accident but the police determined that you were under the influence of alcohol/drugs, you will likely face serious consequences and arrest/prosecution.
Facing a Felony DUI Charge?
Felony DUI cases can involve complex questions about impairment, the collision, injuries, and prior convictions. Gallagher Al-Najjar LLP represents clients throughout Sonoma, Napa, and Marin Counties and provides direct, experienced guidance throughout the DUI defense process.
Contact our firm to discuss the circumstances of your case and your legal options.