Experienced San Diego Attorney Handling DUI Charges Involving Injury Or Death
Last updated on August 24, 2026
Proven Approach With Results Forged By Experience
Our office often fields calls from people who were arrested on a San Diego DUI charge. In their set of facts is an accident/collision. If a collision is part of the fact pattern, the prosecution and judge will believe more punishment is required. These are the cases for which a lawyer should be retained. Call our office for a free consultation at 858-429-9982.
The flip side of a collision is that, in many cases, the police did not actually see someone driving. The police are notified by a passerby or a tow truck driver. The person arrested may have told the police they were driving, but that does not close the book on defenses. You have to utilize these defenses to help defend your case and minimize punishments.
What Happens If A DUI Results In Injury Or Death?
California treats driving under the influence harshly, and the level of crime and the penalties escalate significantly when a DUI results in injury or death. The state takes a two-tiered approach.
For a DUI causing injury, Vehicle Code § 23153 applies. To secure a conviction, prosecutors must prove that the defendant drove under the influence of alcohol or drugs or with a BAC of 0.08% or higher, that he or she committed an additional unlawful act or failed to perform a legal duty while driving and that the act or omission proximately caused bodily injury to another person.
A § 23153 offense is a “wobbler,” meaning prosecutors may charge it as either a misdemeanor or a felony depending on the circumstances. A misdemeanor charge is likely for less severe injuries and first-time offenders. Misdemeanor penalties can include five days to one year in county jail, $390 to $5,000 in fines, three to five years of informal probation, a DUI education program and a license suspension of one to three years.
A felony can be charged when injuries are significant, multiple victims are involved or the defendant has prior DUI convictions. Felony penalties can include 16 months, two years or three years in state prison, $1,015 to $5,000 in fines, a DUI education program and a license revocation of three to four years. There can also be a sentence enhancement of three to six additional years for great bodily injury and one extra year per additional injured victim (up to three).
For a DUI causing death, the case is prosecuted as vehicular manslaughter under Penal Code § 191.5. If gross negligence is involved, the offense is charged as a felony. Penalties for gross vehicular manslaughter can include four, six or 10 years in state prison and up to $10,000 in fines. If the defendant has prior DUI or DUI‑manslaughter convictions, the possible sentence is 15 years to life. A conviction also counts as a strike under the California Three Strikes Law.
When only ordinary negligence is involved, the offense is a wobbler. If charged as a misdemeanor, the penalty is up to one year in county jail. If charged as a felony, the penalties can be 16 months, two years, or four years in state prison and up to $10,000 in fines. Probation, when granted, typically lasts 3 to 5 years and may include alcohol treatment, restitution and strict compliance conditions.
When prosecutors believe the defendant acted with conscious disregard for human life – often based on prior DUI education or warnings – they may pursue a Watson murder, a separate second‑degree murder charge.
If you face any of these scenarios, an attorney who regularly deals with San Diego DUI charges can assist you in achieving a more favorable resolution of your case. Be proactive and contact The Law Offices of Mark Deniz APLC at 858-429-9982.
New Punishments
In the last few years, the courts have used more technology to add to the punishments for a DUI with a collision. Some of these items include
- Ignition interlock device: A device that hooks up to your car that you need to blow into to start the vehicle.
- Ankle monitors: These can either be for home detention or monitor alcohol only.
Skilled Representation For DUI Cases
DUIs resulting in injury or death can be some of the toughest cases to head into court with. Because the stakes are extraordinarily high – ranging from jail or prison time to life‑altering felony convictions – you need a skilled advocate who can navigate the possible charges, challenge the prosecution’s evidence and fight for the most favorable outcome possible. Email or call our office at 858-429-9982 to get started.