DUI with Injury: Understanding the Consequences
A DUI with injury (also known as DUI causing bodily injury) is one of the most serious DUI-related charges in California. At Walia Law Firm, we have decades of experience defending clients accused of felony and misdemeanor DUIs involving injuries - and we fight to protect your rights, freedom, and future with coordinated DMV hearings, sentencing mitigation, and rapid response consultations.
What Is a DUI with Injury?
Under California Vehicle Code §23153(a) and §23153(b), a DUI with injury means you allegedly caused bodily harm to another person while driving under the influence of alcohol or drugs.
This can be charged as a misdemeanor or felony depending on the severity of injuries and prior DUI history. High BAC allegations (0.15%+) or prior convictions (multiple DUIs) can push the case toward felony prosecution.
Penalties for a DUI with Injury
| Penalty Type | Misdemeanor DUI with Injury | Felony DUI with Injury |
|---|---|---|
| Fines & Restitution | $2,000 – $5,000 | $5,000+ plus victim restitution |
| License Suspension | 1 year | 5 years or more |
| DUI School | 18–30 months | 18–30 months |
| Probation | 3–5 years | Up to 5 years formal probation |
| Jail/Prison Time | Up to 1 year in county jail | 2–4 years in state prison (plus enhancements) |
| Strike on Record | No | Yes, if great bodily injury |
Defending a DUI with Injury Charge
DUI with injury cases require aggressive and technical defense, often involving accident reconstruction and expert testimony. We examine all aspects of the incident to identify weaknesses in the prosecution's case.
Common defense strategies include:
- Challenging causation (your driving didn't cause the injury)
- Questioning chemical test accuracy
- Improper police procedures
- Rising BAC defense
- Violation of Miranda or constitutional rights
DUI with Injury and Driver's License Suspension
The DMV can immediately suspend your license after a DUI with injury arrest. However, you have 10 days to request a DMV hearing to contest the suspension. We handle both criminal and DMV proceedings to maximize your chance of keeping your license, coordinating with our license suspension roadmap and IID compliance guidance.
Immediate Steps After a DUI with Injury Arrest
- Contact an experienced DUI defense attorney immediately.
- Request the DMV hearing within 10 days to contest license suspension—follow the process in our DMV deadline checklist.
- Do not discuss the incident with anyone besides your attorney.
- Preserve all evidence related to the accident and arrest.
- Follow all medical and legal requirements while your case is pending.
- Schedule a free DUI case evaluation so we can align experts, investigators, and court strategy.
The Importance of Expert Defense
DUI with injury cases often involve complex evidence including accident reconstruction, medical records, witness testimony, and forensic analysis. These cases require attorneys with experience in both DUI law and personal injury litigation.
Why Choose Walia Law Firm
With over 20 years of DUI defense experience, Attorney Ginny Walia and her team have successfully defended felony DUI cases across the San Francisco Bay Area, including those involving vehicular assault and vehicular manslaughter allegations.
- Extensive courtroom and negotiation experience
- Access to accident reconstruction and forensic experts
- Strategic defense for complex injury-related DUIs
- Personalized, compassionate guidance
Areas We Serve
Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, San Jose, Oakland, Redwood City, Hayward, Walnut Creek, and surrounding areas.
