DUI Causing Injury or Death

If anyone other than the intoxicated driver claims great bodily injury, that can make a first time DUI a strike offense. It also make the person ineligible for probation and can greatly increase the amount of prison time the person receives as punishment. Great bodily injury can be something as minor as stitches, a broken bone, or a concussion.

A DUI which causes the injury or death of another person will be charged as a felony under Vehicle Code 23153. However, if you have a prior DUI on your record, and a person is killed as a result of your driving under the influence, you can also be charged with second degree murder.