DUI with Great Bodily Injury in California
Many DUI cases in California take a serious turn when injuries are involved. If someone other than the alleged drunk driver is injured, the standard misdemeanor DUI case escalates in severity. However, not all injuries are equal in the eyes of the law.
Under California law, there is a difference between regular injuries and great bodily injuries (GBI), which are described as a significant or substantial physical injury.
The GBI description is vague, and there is no rigid definition of what would be considered a “significant” injury. Thus, experienced criminal defense lawyers sometimes target whether someone sustained a great bodily injury.
Typically, in California, a significant bodily injury includes the following injuries:
- Victim was almost killed or placed at high risk of death,
- Victim lost a body part or organ,
- Victim sustained permanent disfigurement,
- Injury caused tremendous physical pain,
- Injury leads to impairment or disability.
How is a Great Bodily Injury Determined?
When DUI cases involving potential GBIs go to trial, the jury holds the power to determine whether the injuries meet the criteria for a GBI enhancement. This element of uncertainty can significantly impact the case's outcome.
It's often difficult to know how a jury will make its decision, and it could depend on the victim's statements in court.
The prosecutor needs to decide whether the jury trial wants jury trial on whether they want to allege a significant bodily injury in the DUI case.
If they decide to pursue a GBI, they have the burden of proof, including disputing the victim's injuries in court.
Due to this, a criminal defense lawyer has the opportunity to negotiate with the prosecution to remove the great bodily injury from the case.
Challenging whether or not an injury should be considered a significant bodily injury, or at least telling the prosecutor you will dispute it in court, is often an effective strategy to reduce the severity of the driving under the influence case.
How Does GBI Affect a DUI Case?
There are several ways a significant bodily injury can impact a California DUI case, such as:
- If charged with California Vehicle Code 23153 VC DUI causing injury, and a great bodily injury is alleged, you will most likely be charged with a felony DUI case that carries a sentence of up to three years in prison;
- In a VC 23153 felony DUI causing injury, you might face up to 6 additional years in prison for each victim who suffered a GBI;
- If your DUI killed someone, then you could be facing six additional years for each surviving victim who sustained a great bodily injury.
As you can see, under California law, GBI is more than just an aggravating factor in a driving under the influence case; instead, it's a severe sentencing enhancement.
California Penal Code 12022.7 PC is the statute used by prosecutors for great bodily injury (GBI) sentencing enhancement that adds a consecutive 3 to 6 years in state prison.
Will a GBI Allegation Lead to Prison Time?
This is a question that often keeps individuals charged with DUI in California up at night. The potential consequences are severe and can alter the course of your life.
This is a sobering reality that I've witnessed over the past five years. Typically, a DUI is a misdemeanor, with no immediate threat of prison. However, a new factor has emerged-the Great Bodily Injury (GBI) allegation. In Los Angeles, California, this is becoming increasingly common.
They're not looking at any custody time whatsoever. Forget about prison. But there's a new thing on the scene here. It has a new name, called extraordinary bodily injury allegation (GBI). In Los Angeles, California, we see it a lot.
What it is that if you are driving a car with any intoxicant in your system, alcohol, drugs, and even prescription medication, and you're involved in some accident and hurt somebody. That person has a great bodily injury; then you're going to be charged now with a felony.
If you are convicted of a DUI with great bodily injury, it's a strike that will stay on your record for the rest of your life. Not only that, but it also changes an average DUI into a DUI where you can get up to three years in prison; plus, when you add that GBI allegation, that's an additional three years.
So now, you went from an ordinary California Vehicle Code 23152 DUI misdemeanor/no time to a situation where you're facing six years in prison with a strike on your record for the rest of your life.
Regrettably, this gives the prosecutors in Los Angeles, or anywhere in California, significant leverage. They can now look your attorney in the eye and say, "If you don't accept our terms, be prepared for trial."
If you lose, you're g going to get a felony DUI with a significant bodily injury allegation, you're going to go to prison for a long time, and they will have a strike on your record for a long time. So, you start to see the power of this DUI charge combined with the great bodily injury allegation.
Preparing a Defense Strategy to Fight the Charges
Now that you see that you're in big trouble, what can you do to mitigate the situation? You have to hire a great criminal defense attorney. I've been doing this now for almost 30 years.
I know how to handle these cases. The first thing we'll assess is whether the accident was your fault.
Because if it's not your fault, the great bodily injury is not your fault, and you're not going to be held responsible for that.
The next thing we're going to look at is whether it was a serious bodily injury. Sometimes, people try to dummy up a personal injury claim.
They will claim they've got some horrible injury so they can make a bunch of money, and they hire an attorney when, in reality, they have a soft tissue issue. That case should have been filed as a misdemeanor.
The next thing we're going to look at is the case's facts and circumstances.
We're going to compare your case to other cases where people get these horrible sentences and to those where people end up with a misdemeanor and no custody time.
Every case is unique, and we must approach yours with a fresh perspective. We'll carefully examine the facts and circumstances and work tirelessly to secure the best possible outcome for you.
You've come to the right place. I've been handling these great bodily injury cases since they came into existence. I've taken thousands of DUIs over almost 30 years. Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you. Hedding Law Firm is based in Los Angeles County, and we offer a free case evaluation.
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