Charged With Drunk Driving Causing Injuries or Death in North County? Here Is What You Should Do Next

Under Vehicle Code § 23153, prosecutors generally must prove driving under the influence or with a prohibited alcohol concentration, an additional unlawful driving act or neglect of a legal duty, and resulting bodily injury to someone other than the driver. Impairment alone does not establish every element of an injury charge.

The offense can be charged as a misdemeanor or felony depending on the applicable law and facts. The nature of the injury, prior record, and additional allegations can substantially change exposure.

• California Vehicle Code § 23153 — DUI causing injury(opens in a new tab)

Penal Code § 12022.7 defines great bodily injury as significant or substantial physical injury. Broken bones, traumatic brain injuries, internal injuries, and other serious harm can raise the issue, but a diagnosis alone does not resolve every legal requirement.

A qualifying allegation of personally inflicted great bodily injury may add a consecutive prison term. The ordinary enhancement is three years, with different terms for certain circumstances or victims. Application depends on the statute, offense, and proven facts; not every injury qualifies.

• California Penal Code § 12022.7 — great bodily injury(opens in a new tab)

When a person dies, Penal Code § 191.5(a) may apply if the prosecution establishes the required intoxicated driving, unlawful act or neglect, gross negligence, and causation. Gross negligence means more than ordinary carelessness: it involves conduct creating a high risk of death or great bodily injury and a disregard for human life.

The basic prison terms are four, six, or ten years. Qualifying prior convictions and other allegations can change exposure, so those terms are not a maximum for every case.

Penal Code § 191.5(b) addresses intoxicated vehicular manslaughter without gross negligence. It may be a misdemeanor or felony; a felony can carry 16 months, two years, or four years, while a misdemeanor carries different punishment.

The distinction between ordinary and gross negligence is therefore important. It must be assessed from the actual driving and surrounding circumstances, not simply the fact that a tragic collision occurred.

• California Penal Code § 191.5 — vehicular manslaughter while intoxicated(opens in a new tab)

In some fatal cases, prosecutors may pursue second-degree murder under the principles associated with People v. Watson. They must establish implied malice, including actual awareness of danger to human life and conscious disregard of that danger.

A prior DUI conviction or Watson advisement can be important evidence of awareness, but neither is an absolute prerequisite in every case. Conversely, a prior DUI does not automatically prove murder. A second-degree murder conviction ordinarily carries 15 years to life, subject to applicable sentencing rules.

Not every felony DUI is a strike. Some cases may qualify as serious or violent felonies because of personally inflicted great bodily injury, a homicide conviction, or another applicable provision. Counsel must examine the conviction and findings, not rely solely on the label “felony DUI.”

A qualifying strike can substantially affect punishment in a future case. The defense should evaluate these consequences before a plea, along with custody exposure, licensing consequences, and other collateral effects.

An investigation may continue long after the collision. Officers may seek interviews, vehicle data, medical information, or additional testing. Get necessary medical care, comply with lawful requirements, and clearly request counsel before giving detailed statements.

Do not contact witnesses to influence their accounts, delete messages, or alter potential evidence. Preserve documents, photographs, and communications for your attorney. If you receive DMV suspension paperwork, act promptly; the usual administrative-hearing request deadline is 10 days after notice, but the applicable process depends on the action.

A defense investigator or qualified reconstruction expert may examine whether the prosecution’s account matches the physical evidence. Evidence can disappear quickly, so prompt preservation can matter.

• Vehicle damage and event data recorder information.
• Roadway layout, skid marks, visibility, and traffic conditions.
• Speed estimates, braking, and the timing of the collision.
• Witness accounts, video, and possible mechanical issues.

Chemical evidence deserves independent scrutiny. Blood testing commonly uses gas chromatography, but the method’s name does not establish that every collection or analysis was accurate.

Counsel and an appropriate expert may review chain of custody, sample preservation, possible contamination or fermentation, calibration, quality-control records, chromatograms, and analyst work. Breath-test maintenance, administration, and timing may also be relevant.

An identified issue must be evaluated for its actual effect. It does not automatically invalidate all results or guarantee dismissal.

The prosecution must connect the legally required conduct to the injury or death. Evidence of intoxication does not eliminate the need to prove causation. Another driver’s conduct, road conditions, mechanical failure, or a medical event may require investigation.

There can be more than one legal cause of an injury. Showing that another person contributed does not necessarily defeat the charge. The defense must analyze whether the required act or negligence was a substantial factor and whether any intervening event changes the legal analysis.

DUI cases involving serious injury or death combine scientific evidence, collision reconstruction, legal causation, and significant sentencing exposure. A careful defense examines each required element and the reliability of the evidence.

jD LAW Criminal Defense Attorney was founded in 1990 by James N. Dicks, a Certified Criminal Law Specialist and former LAPD investigator. We represent people facing criminal charges throughout San Diego County and North County.

Call (760) 630-2000 or visit Contact for a free consultation. Get advice before making decisions about statements, testing disputes, plea offers, or your driving privilege.

Seek medical care, preserve paperwork and evidence, avoid detailed statements without counsel, and obtain prompt advice about criminal and DMV deadlines. Follow lawful orders and do not interfere with witnesses or evidence.

Vehicle Code § 23153 concerns injury to another person. Penal Code § 191.5 concerns a death, with different treatment of ordinary and gross negligence. Prosecutors must prove the elements of the charged offense, including causation.

Yes. The lawfulness of collection, timing, sample handling, laboratory analysis, maintenance, and interpretation may all matter. The effect of a particular problem depends on the evidence and the court’s ruling.

No. Strike treatment depends on the qualifying offense and findings, such as applicable great-bodily-injury allegations. Have counsel analyze the actual charges and any proposed plea.