Charged With DUI Causing Injury in Nevada County?

If someone was hurt in a DUI accident, you're carrying both fear and, very likely, real guilt — and you're facing a charge that can be filed as a felony, carry prison time, and even count as a strike. Take it seriously, but don't assume the worst is fixed. DUI causing injury has to be built on more than the fact that you were drinking: the prosecution has to prove specific elements, and the one that decides most of these cases, causation, is genuinely contestable. Many of these charges can be reduced. You'll be met with respect here, not judgment, and you won't face it alone.

Misdemeanor or felony?

DUI causing injury under Vehicle Code 23153 is a "wobbler" — it can be charged as a misdemeanor or a felony. Which way it goes depends on how serious the injuries are, your prior record, and how the prosecutor sees the case. The gap between the two is enormous, which is why fighting to keep it a misdemeanor is so often the goal:

What the prosecution must prove

DUI causing injury requires more than driving under the influence. To convict, the prosecution must prove:

• You drove a vehicle while under the influence of alcohol or drugs, or with a BAC of 0.08% or higher;
• while driving, you also committed an additional unlawful act (such as a traffic violation) or neglected a legal duty; and
• that act or neglect proximately caused bodily injury to someone other than you.

Those second and third elements are where the case is fought. Being impaired alone isn't enough — there has to be a separate act or neglect — and, above all, the prosecution must prove your conduct actually caused the injury.

The enhancements that can add years

On a felony charge, the base sentence is only the starting point. Sentence enhancements can stack on top of it:

• Great bodily injury (PC 12022.7) — adds three years or more for each person who suffered a serious injury, and triggers the strike consequence.
• Multiple victims (VC 23558) — adds one year for each additional injured person, up to three extra years.
• High blood-alcohol level — an especially high BAC can be treated as an aggravating factor at sentencing.

How a DUI-injury charge is defended

Causation is the centerpiece. The prosecution must prove your driving was the proximate cause of the injury — and that's often where the case breaks down. Was it really your driving, or did the other driver, the injured person, or the road conditions cause or contribute to the crash? These cases frequently turn on accident reconstruction, and a careful reconstruction can shift fault, defeat the causation element, or knock out the great-bodily-injury enhancement.

Beyond causation, the same defenses that apply to any DUI are in play here:

• The additional-act element. The prosecution must prove an unlawful act or neglect beyond the DUI — if that's missing or weak, the 23153 charge may not hold.
• The stop and arrest. No lawful basis to stop or probable cause to arrest means the evidence can be suppressed.
• The chemical test. Breath and blood results only stand if Title 17's calibration, maintenance, and handling rules were followed.
• Rising BAC and medical causes. Your BAC may have been below the limit when you actually drove, and conditions like acid reflux can inflate a breath reading.
• Reducing the charge. Because 23153 is a wobbler, pushing it down to a misdemeanor — or to a standard DUI without the injury allegation — is often achievable and changes everything about the outcome.

Why trial experience matters here

Injury cases live and die on causation and expert testimony, which a plea-mill approach simply isn't built to handle. I've practiced in Nevada County for more than 25 years, including extensive criminal defense, I work the accident facts as hard as the chemical evidence, and I prepare these cases for trial from day one. That preparation — and a prosecutor's knowledge that I'll take it to a jury — is what creates the leverage to reduce or dismiss. And you work directly with me throughout.

Common questions about DUI causing injury

Is DUI causing injury a felony?

Not always. It's a wobbler, so it can be charged as a misdemeanor or a felony depending on the severity of the injuries, your record, and the prosecutor's view. Keeping it a misdemeanor is frequently the goal, because a felony brings far harsher consequences.

Could I really go to prison?

It's possible on a felony charge, especially with enhancements — but probation is often available, and a strong causation defense or a reduction to a misdemeanor can take prison off the table. The exposure on paper is not the same as the likely outcome once the case is properly defended.

Is this a strike?

A felony DUI-injury conviction becomes a strike if the court makes a great-bodily-injury finding. That's one of the most serious consequences at stake, and defeating that finding is a priority.

What if the other driver was partly at fault?

That can matter a great deal. The prosecution has to prove your driving was the proximate cause of the injury. If another driver, the injured person, or the conditions caused or contributed to the crash, that goes to the heart of the case — and it's exactly what accident reconstruction is for.

Do I need a lawyer with trial experience?

For an injury case, yes. The causation and expert issues, the enhancements, and the strike exposure make this the wrong charge to face with a quick plea. A trial-ready defense is what gives you real leverage.

What it costs

A DUI-injury case is more involved than a standard DUI, so the fee depends on the specifics — the severity of the injuries, whether reconstruction is needed, and what it will take to defend it well. I'll lay the costs out clearly and up front at your free consultation, with no surprises.