DUI Causing Injury Charges

DUI Causing Injury Charges Defense in Riverside, CA

A DUI charge is scary enough; however, if you injure someone in an accident while you are intoxicated, you can face fines and months or even years in prison. Below, we detail the differences between a DUI and DUI that involves an injury, what penalties you might face, and possible defenses against these charges.

For help in Riverside or San Bernardino, call Greenberg, Greenberg & Kenyon today: (951) 574-2281.

What Is the Difference Between a DUI and A DUI Causing Injuries in California?

You can face charges for a DUI if you have a blood alcohol content (BAC) of 0.08 above and/or the alcohol affects your ability to safely operate a motor vehicle. You may think that the only difference is that a DUI causing injuries requires that someone was hurt in an accident and alcohol was involved, but that is not the only difference. For the state to convict you of DUI causing bodily injury, the following must apply:

Officers could have charged you with DUI at the time of the accident; and
You were negligent in some way; and
That additional negligence caused someone else to be injured.

For example, after consuming several beers, Ron was driving home from a football game. While he was legally traveling through an intersection, another driver, Josh, ran the red light and T-boned Ron’s car. Josh was injured. The officer had both Josh and Ron take a breathalyzer test. Josh passed the breathalyzer test, but Ron blew 0.09.

Officers can charge Ron with a regular DUI, but not a DUI causing injuries, even though Josh was injured. This is because Ron did not commit an additional act of negligence that caused the accident. Josh caused the accident by running the red light.

On the other hand, if Ron had run the red light and crashed into Josh who was traveling through the intersection legally, he (Ron) could face charges for DUI causing bodily injury.

What if The Impaired Driver Was the Only One Injured?

If the impaired driver was the only one injured, he or she will not face charges of causing bodily injury. This is because the statute specifically states, “causes bodily injury to any person other than the driver.”

For example, Tony crashes into a pole driving home from the bar. Officers did a breathalyzer test and found his BAC was 0.15. Because he did not cause injuries to anyone else, he cannot face charges for DUI causing injury.

However, if he had a passenger in his car when he ran into the pole, he could face DUI causing injury charges.

Continue Reading Read Less

This law firm is truly top tier and I feel super grateful to have found them to help me with my case. I am blessed to be here with my family and still have my job knowing everything will be okay.

- Gabriela V.
The peace of mind they provided made the entire experience easier to manage. We cannot thank him and the entire firm enough for their guidance and support in such an intimidating time.

- Erin W.
If you're looking for a law firm that combines knowledge, integrity, and exceptional service, I highly recommend Greenberg, Greenberg & Kenyon. You won’t find a better team!

- Jared A.
Mr. Greenberg is an amazing lawyer, but more importantly, he is a caring person who wants justice for his client. Mr. Greenberg met with my son and I and answered all our questions.

- Jeanmarie M.

What Are the Penalties for DUI with Injuries?

Penalties for a California DUI include up to a year in jail and $1,000 in fines plus assessments. A DUI with bodily injury has much harsher penalties:

First Offense/Misdemeanor: 5 days to one year in jail, a fine of $390-$1,000
First Offense/Felony: 16 months/2 years/3 years in state prison, and fine up to $5,000
Second Offense in 10 years/Misdemeanor: 120 days to 365 days in jail
DUI Causing Injury/Felony: 16 months/2 years/3 years in state prison

If the district attorney alleges and proves an enhancement for great bodily injury, you can receive an additional 3 years in prison.

Does the California Law on Dui Causing Injury only Apply to Alcohol?

No. It is illegal for a person under the influence of any drug to drive a vehicle in California. “Any drug” can include:

Illegal “street” drugs,
Prescription medications,
Over-the-counter medicine,
Naturopathic or herbal remedies, and
Any other substance that affects a person’s ability to safely operate a vehicle.

This means you can face DUI charges even if you were taking a prescription medication exactly as directed by your doctor, if it affects your ability to safely operate your vehicle.

Are There Any Defenses for A Dui Causing Injuries Charges?

Yes. However, the potential defenses depend on your unique circumstances. We might argue any of the following:

First, we could attack the DUI charges in general. For example, we could fight the alcohol test results.
We could argue that the other party’s injuries resulted from another event (the other driver’s negligence).
The alleged injury was so minor that it legally did not constitute a bodily injury.

Call Greenberg, Greenberg & Kenyon, Aplc for A Consultation Today.

A DUI causing injuries can keep you in prison for years. Do not risk your freedom or your future. If you have been arrested or are facing charges for DUI causing injuries in San Bernardino or Riverside, we can help. Call Greenberg, Greenberg & Kenyon today at (951) 574-2281.

Continue Reading Read Less

Your Voice in the Fight

Here's What Sets Greenberg, Greenberg & Kenyon Apart

Decades of Criminal Defense

Since 1980, our attorneys have handled a wide spectrum of criminal cases, bringing seasoned judgment and steady guidance to every matter.
Prosecutorial Perspective

With backgrounds as former prosecutors, we anticipate the opposition’s approach and pinpoint case vulnerabilities from the outset.
Direct Attorney Access

Our boutique structure ensures you work one‑on‑one with senior counsel—no handoffs to junior associates.
Clear, Consistent Communication

We return calls promptly, provide regular updates, and lay out each step so you always know where your case stands.

Practicing Exclusively Criminal Law Since 1980 Smart Strategy. Steady Guidance. Take the First Step Forward Today

Have questions? Ready to get started? Call (951) 574-2281 today to schedule a free consultation. We return calls promptly and walk you through every step of the legal process.

Call Today