A DUI with great bodily injury refers to severe, long-lasting injuries occurring because someone was driving while under the influence. Individuals who cause great bodily injury to someone else while under the influence are likely to face charges dependent upon the severity of the injuries.
Examples of a Great Bodily Injury
There are a variety of injuries that can result from one’s driving while under the influence. All these injuries vary in levels of severity and depending upon how they came to be, penalties and criminal charges can also vary. There are many examples of great bodily injury, and the common theme is the injury will last for a significant amount of time.
Great Bodily Injury Can Include:
- Severely broken bones
- Scarring
- Brain injuries
- Spinal cord injuries
- Second or third-degree burns
- Paralysis
- Head or neck injuries
- Severe cuts
- Blindness
- Serious disfigurement
- Amputation
It Does Not Include the Following:
- Emotional upset
- Minor injuries
- Financial loss
For example, despite having a Blood Alcohol Content of above .08%, person A decides to operate a vehicle to get home. While driving home, person A is driving recklessly. This causes an accident, and they unintentionally injure person B. An ambulance rushes person B to the hospital, and the doctors discover that they have sustained a concussion. If the concussion is minor, and person B only feels pain from it for a few days, it is unlikely to qualify as a great bodily injury. However, if it is a severe concussion that causes person B to have to sit in a dark and quiet room for several weeks and have to undergo physical therapy, then it is likely to be considered a great bodily injury.
It is up to the judge and jury to determine whether one inflicted a great bodily injury. The following section lays out great bodily injury charges.
Great Bodily Injury Charges
California Penal Code 12022.7 states that great bodily injury means “a significant or substantial physical injury” and lays out great bodily injury sentences applicable in certain felony cases. It states that any person who inflicts great bodily harm on any person shall receive a felony charge and consecutive term of imprisonment in the state prison for at least three years. If the prosecutor tacks on this charge, it allows the judge or jury to consider additional prison time for the one who inflicted the injury by driving while under the influence.
Depending on the crime and injury severity, it can add three to six years in prison. The more people who receive an injury, the worse the sentence is. The parameters it lays out include the following:
- Individuals who injure children under five will receive an additional prison sentence between four and six years.
- Individuals who inflict great bodily injury upon an individual 70 or older will receive an additional prison sentence of five years.
- If one inflicts enough great bodily injury to force the victim into a comatose state or suffer from paralysis, they will receive an additional prison sentence of five years.
California Penal Code 12022.7 does not apply in instances of murder or manslaughter.
DUIs and Causing Injury to Another
California Vehicle Code 23153 is the law that defines the crime of DUI with great bodily injury. This Act may be a charge of a misdemeanor or a felony. In cases of great bodily injury, as outlined above, it is more likely to be considered a felony due to the long-lasting negative impact. If the attorney can prove that one’s negligent acts caused another to receive a great bodily injury, the judge will likely find them guilty.
If law enforcement catches someone driving while under the influence, they may receive points on their license or have it temporarily or permanently taken away.
Contact Pride Legal
If you or a loved one has been involved in a DUI accident involving great bodily injury, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.