A DUI charge in California is serious—but when it involves an accident or injury, the stakes rise dramatically. A DUI with injury can transform what might have been a misdemeanor into a felony offense, carrying harsh penalties, long-term license loss, and even prison time.
At Simmons & Wagner, our team of former Orange County District Attorneys has handled hundreds of DUI with injury cases from both sides of the courtroom. We know how quickly an accident can be misinterpreted—and how to protect your rights when prosecutors are pushing for severe consequences.
Understanding DUI With Injury in California
Under California Vehicle Code §23153, driving under the influence that causes bodily injury to another person can be charged as a misdemeanor or a felony, depending on the circumstances.
A DUI with injury charge typically requires the prosecution to prove three key elements:
- You were driving under the influence of alcohol or drugs.
- You violated a traffic law or acted negligently while driving.
- Your actions directly caused bodily injury to someone else.
Even minor accidents—such as a fender-bender resulting in whiplash—can trigger this charge if alcohol or drugs are alleged to be involved.
The Jump in Penalties
While a standard first-time DUI might lead to fines, probation, and a temporary license suspension, a DUI with injury greatly increases the severity of the punishment.
Depending on the case, you may face:
- Felony charges with up to 4 years in state prison (or more if multiple people were injured)
- Driver’s license suspension for 1–5 years
- Restitution to the injured party
- Mandatory DUI education programs
- Formal probation instead of informal supervision
- A “strike” on your criminal record if great bodily injury is alleged
Prosecutors often push aggressively in these cases, especially in Orange County, where DUI enforcement and sentencing standards are among the toughest in California.
Common Defense Strategies for DUI With Injury
Even when an accident occurs, not every DUI with injury case is as clear-cut as it seems. Several proven defense strategies can reduce or even eliminate these charges.
1. Challenging the Cause of the Accident
Prosecutors must prove your intoxication—not another factor—caused the injury. Poor road conditions, mechanical failure, or the other driver’s negligence may have been the true cause.
2. Questioning the Injury Claim
Not every “injury” meets the legal standard required for felony enhancement. Bruises, soreness, or delayed medical complaints may not qualify as bodily injury under California law.
3. Attacking Blood and Breath Test Accuracy
Even in serious cases, test errors are common. We examine whether law enforcement followed correct procedures, maintained calibration, and handled evidence properly.
4. Disputing Intoxication or Impairment
Certain medical conditions, fatigue, or even prescribed medications can mimic intoxication symptoms. Your attorney can use expert testimony to challenge those assumptions.
5. Negotiating Charge Reductions
Experienced defense lawyers often negotiate reduced charges—such as “wet reckless” or “DUI without injury”—that minimize penalties and long-term consequences.
Why You Need Immediate Legal Representation
If you’ve been involved in an accident and accused of driving under the influence, time is critical. Evidence can disappear, memories fade, and the DMV’s 10-day deadline for challenging your license suspension still applies.
At Simmons & Wagner, we act fast to:
- Gather accident scene evidence and witness statements
- Review police reports for procedural errors
- Consult accident reconstruction and toxicology experts
- Protect your license through DMV hearings
- Build a defense that challenges every element of the prosecution’s case
The Simmons & Wagner Advantage
As former Orange County District Attorneys, we understand how DUI with injury cases are built—and how to dismantle them. Our experience gives clients a strategic edge, whether negotiating with prosecutors or fighting for dismissal in court.
We know the law, the judges, and the prosecution strategies that drive these cases—and we use that knowledge to protect your future.
Don’t Let One Accident Define Your Life
A DUI with injury charge doesn’t have to end your career, reputation, or freedom. With skilled representation and a clear strategy, you can take control of your case.
If you or a loved one has been accused of DUI with injury in Orange County, contact Simmons & Wagner today for a confidential consultation. We’ll review the facts, explain your options, and fight for the best possible outcome.