When injury is alleged, causation becomes the battleground. We test whether the evidence really supports the charge.
The short answer. DUI with injury applies when a driver under the influence also commits an unlawful act or neglects a legal driving duty that causes bodily injury to someone other than the driver. A crash alone is not enough: the injury must be tied to the driver’s act or neglect. A first offense can be charged as a misdemeanor or a felony depending on the case.
Injury allegations change the case from driving under the influence to driving under the influence and causing harm. Great bodily injury, multiple victims and prior convictions can increase penalties, and an ignition interlock is generally required after a DUI-with-injury conviction.
| When | What happens | What we do |
|---|---|---|
| Day of arrest | Possible license seizure; collision investigation | You call us; we start on your deadlines |
| Within 10 days | The DMV hearing window | We request it and review the paperwork |
| Early case review | Medical claims and witness accounts gathered | We review collision details and records |
| Resolution | Negotiation or trial | We challenge causation where appropriate and limit exposure |
A tight, fact-driven review of collision details, medical records and timelines, witness statements, and how law enforcement documented the scene, from first observations through reports and testing. A crash investigation should examine more than the BAC number: for example, whether another vehicle entered an intersection illegally, whether road conditions contributed, or whether the injury had another cause.
When the evidence is disputed or overstated, we focus on challenging causation where appropriate and negotiating to limit criminal exposure and protect your future.
Local knowledge matters: Howard Williams is familiar with local judges, prosecutors, and court procedures at El Cajon Superior Court. You get direct access to your attorney, not a call center, and we are available 24/7 for emergencies. Over 20 years of experience.
Related services: Felony DUI, DUI Hit and Run, DMV Administrative Hearings.
Call The Law Firm of Howard Williams now for a free consultation. Payment plans may be available for qualified clients.
Sources: California Vehicle Code 23153; Penal Code 17; DMV ignition interlock guidance. The information on this page is general and does not create an attorney-client relationship.
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It is driving under the influence while also committing an unlawful act or neglecting a legal driving duty that causes bodily injury to someone other than the driver (Vehicle Code 23153).
No. A crash without injuries does not automatically become a felony DUI, and the injury must be tied to the driver’s unlawful act or neglect.
A first DUI causing injury can be prosecuted as either, depending on the case. Great bodily injury, multiple victims and prior DUI convictions can significantly increase penalties.
The injury must be legally attributable to the driving conduct. The defense tests whether it is, and whether the evidence supports the prosecution’s theory.
Collision details, medical records and timelines, witness statements, and how law enforcement documented the scene, from first observations through reports and testing.
California requires an ignition interlock device for drivers convicted of DUI causing injury, generally for one to four years depending on the case.
