Last Updated on July 2, 2025
California legislators, police, and prosecutors do whatever they can to discourage drivers from operating vehicles while intoxicated. When drivers ignore these efforts and cause an accident while driving under the influence, they face much heavier consequences. In fact, when the driver causes an accident that results in even minor injuries, the charges are often filed as felonies, unlike basic DUIs, which are misdemeanors. The penalties are even more severe when someone dies. However, for these enhanced charges to apply, the prosecutors must show that the accident was a direct result of the driver being intoxicated. If you have been involved in a DUI-related car accident that resulted in injury or death, contact a DUI defense lawyer as soon as possible.
Consequences for DUI Accidents
When a drunk driver has been involved in any accident, they will generally be charged with a DUI, even if the crash wasn’t their fault. However, if they caused the accident and someone was hurt or killed in the crash, the charges are much more serious. When someone is injured in a DUI accident, the driver could be charged with a felony under California Vehicle Code 25153 (VC). If someone dies in the accident, the prosecution can file charges for gross vehicular manslaughter while intoxicated under California Penal Code 191.5(a) (PC). Additionally, a conviction in criminal court can be used as evidence in a personal injury or wrongful death case in civil court.
These consequences only apply in cases where the drunk driver is at fault for an accident that injured or killed another person. You would not face additional charges if you caused an accident where no one was harmed, or if you were the only person injured. However, you could face penalty enhancements such as mandatory restitution for property damage or community service.
If You Get in an Accident While Drunk
Whether or not a DUI accident was your fault, the worst thing you can do is flee the scene, as this could result in you facing hit-and-run charges. Instead, here’s what you should do:
- Never leave the scene
- Provide officers with your driver’s license, insurance information, and vehicle registration when asked to do so
- Do not answer police questions aside from those related to your identity
- Leave the vehicle at the officer’s request
- Agree to perform a chemical test if the officer requests you to
Are Drunk Drivers Always At Fault?
There is a common misconception that if a drunk driver is involved in a car crash, they are automatically at fault, but this isn’t always the case. Imagine an intoxicated driver was rear-ended by someone while waiting at a red light —they would unquestionably not be responsible. Unfortunately, most cases are not this cut-and-dry, so if the police cannot immediately assess responsibility, they will typically assume the intoxicated driver caused the accident. Their “investigation” into fault may involve little more than taking a few pictures and asking the driver they suspect to have consumed alcohol to take a sobriety test.
Even worse, many drunk drivers assume they are responsible for the crash and apologize or admit their guilt, even when it wasn’t their fault. Sadly, statements like these can be used against you in insurance claims, civil court, and criminal trials. To best protect yourself, it is always advisable to refuse to answer police questions or admit fault to the other driver until you first speak with a lawyer experienced in DUI with accident cases.
Are DUI Accidents Always Charged as a Felony?
While charges for DUI with injury under Vehicle Code section 23153 (VC) or vehicular manslaughter while intoxicated under 195.1(b) (PC) can be filed as a felony, they don’t have to be. These offenses are known as “wobblers,” meaning they can be filed as a misdemeanor or a felony. Even after filing felony charges, prosecutors and judges have the discretion to reduce these charges to misdemeanors, and a skilled lawyer can be critical in encouraging them to do so. They are more willing to do this in cases where the blood alcohol concentration isn’t excessive and the driver has no past DUIs on their record.
Penalties for DUI with injury
Misdemeanor convictions are punishable by:
- Up to one year in county jail
- A fine of up to $1,000
- Probation lasting between three and five years
- A driver’s license suspension of up to one year
- DUI school
- Restitution payments to the victims
As a felony, the penalties include:
- A prison sentence of up to 3 years
- Up to $1,000 in fines
- DUI school
- A license suspension of up to 1 year
- Victim restitution
Whether charged as a felony, the crime is considered a violent felony, meaning a conviction will add a strike to the driver’s criminal record under California’s three strikes law.
Penalties for Vehicular Manslaughter While Intoxicated
These charges are a wobbler that can be filed as a felony or misdemeanor. As a misdemeanor, they are punishable by:
- Up to 1 year in jail
- Fines of up to $1,000
- DUI school
- A license suspension of up to 1 year
- Victim restitution
When charged as a felony, penalties include:
- A maximum sentence of 4 years in prison
- $10,000 in fines
- DUI school
- 1 year license suspension
- Restitution to the victims
This offense is a violent felony, meaning it will add a strike to the offender’s criminal record.
Penalties for Gross Vehicular Manslaughter While Intoxicated
These charges are always a felony punishable by:
- up to 10 years in prison per death
- An additional 3 years in prison per injured party
- $10,000 in fines
- DUI school
- 3 years of license suspension
- Victim restitution
- A strike being added to the offender’s criminal record
However, if a driver with a previous DUI was responsible for a deadly accident, they will be charged with second-degree murder. The prosecution usually pushes for life imprisonment in these cases.
What Must the Prosecution Prove?
The best thing you can do when you are arrested after a DUI car crash is to stay silent. Remember that for the prosecutors to secure a conviction for any of these charges, they must be able to prove your guilt, but your statements could help them achieve this goal if they provide them with evidence. Here are the elements necessary to prove each charge:
DUI Accident Causing Injury
- the driver was operating a vehicle under the influence of alcohol or drugs;
- they violated a vehicle code which caused a car accident; and
- their driving caused a car accident; and
- someone was injured as a result
Vehicular Manslaughter While Intoxicated
- the defendant was intoxicated;
- they violated a traffic law or drove in a negligent manner; and
- their negligent or law-breaking behavior directly caused the car accident; and
- someone died as a result
Gross Vehicular Manslaughter While Intoxicated
- the accused was driving under the influence of alcohol or drugs;
- they violated a traffic law and acted in a grossly negligent manner; and
- their gross negligence caused a car crash; and
- another person died as a result
When it comes to gross negligence, this doesn’t mean you were just driving poorly; it means you drove in a reckless manner that would easily cause a substantial risk of significant bodily injury or death to yourself or someone else.
Fighting The Charges
Regardless of the specific charge, if the prosecution cannot prove all four elements, you cannot be found guilty of these particular charges.
In most cases, the fourth element is a given —it’s hard to argue someone was not injured or killed in an accident. However, in some cases where a victim was only slightly injured, it may be possible for your lawyer to negotiate a plea bargain where you face only standard DUI charges rather than those for drunk driving with injury. Similarly, if someone died due to a preexisting condition that was aggravated by the accident, your attorney could argue that you should be charged with DUI causing injury rather than vehicular manslaughter while intoxicated.
Instead, defenses against these charges are often focused on proving that you were not intoxicated, did not break the law or drive negligently, or were not the person who caused the car accident. This type of “no-fault” defense is only a partial defense, meaning it will not allow you to fully avoid conviction but will help you avoid the enhanced sentencing for these more serious DUI charges.
If your lawyer can show you were not intoxicated, you could still face reckless driving or vehicular manslaughter charges. If he successfully shows you did not drive negligently or recklessly, or that you did not cause the car accident, you can still face DUI charges.
Fighting drunk or drugged driving allegations usually involves questioning officer testimony and chemical tests such as the breathalyzer or blood test. Challenging the facts regarding your driving and your role in the accident may require questioning witnesses, hiring independent investigators, reviewing dashboard cameras, and working with an accident reconstruction expert. In some cases, strong enough evidence can even negate a confession you made out of guilt for risky behavior.
If the accident occurred while you were driving during an emergency situation where you had no other alternative, you might have a complete defense against the charges.
Depending on the situation, your attorney may help you enroll in a substance treatment program as soon as the charges are filed to show that you are proactively taking steps to ensure this situation never happens again.
Fleeing the Scene After an Accident
What happens after you get in an accident while drunk largely depends on whether you flee the scene or not. One of the worst things you can do, regardless of whether you are intoxicated, is to leave without exchanging information with the other driver. Leaving the scene of an accident is a separate crime, commonly known as hit and run, which can result in additional fines and penalties, including up to two years of probation and two points being added to your DMV record —in addition to those you would get from the DUI.
Even if the accident was not your fault or you only hit an object rather than another person or vehicle, you can still be charged with this crime. If the accident resulted in an injury, you could even be charged with felony hit and run, which could leave you in prison and will result in your license being suspended.
If you fled the scene to get medical assistance, you can avoid charges, but only if you notified the medical staff or police at the hospital. In these cases, a lawyer can help ensure you do not face charges for hit and run.
How do Police Decide Who Caused a Crash?
Sometimes, knowing who is at fault in a car accident is easy. For example, if someone runs a red light in front of multiple witnesses, they are almost certainly responsible.
In most cases, more investigation is necessary though. Police officers start their investigation by interviewing both parties. You do not need to speak with the police at this time and should insist on having an attorney present, especially if you are drunk or were otherwise driving questionably. If officers believe any drivers were intoxicated, they may request them to perform a field sobriety test or take a DUI blood or breath test. They are legally required to administer a chemical test when someone has died in an accident.
The officer will also interview any witnesses. He will likely also take pictures of the damage, any skid marks, and the location of the vehicles, particularly if they intend to issue a citation or make an arrest, and they believe this information could be helpful in a legal case later. In some cases, particularly those involving criminal charges for DUI causing injury or death, officers may also ask nearby shops if they have any security footage of the incident.
The officer will determine fault in a car accident based on the location of the vehicles, where the impact occurred, and the stories from those involved in the crash and any witnesses. Unfortunately, if police have evidence that someone was driving while drunk or in an otherwise dangerous or negligent manner, they often assume that person is responsible. As a result, they may do the bare minimum investigation required by law, even if that does not properly establish fault.
In serious injury or death cases, the police also often call in a department-trained accident reconstructionist to assess the cause of the accident. This analysis includes everything from skid marks to examining the suspect vehicle for any preexisting defects that may have contributed to the accident. This report can be challenged if you disagree with its findings.
Peter Liss DUI Homicide Case Results
These cases are often high-profile affairs, which is why Peter Liss has repeatedly ended up in the news after defending clients accused of these charges. Here are the results for some of the cases he has handled:
- In 2021, while working alongside friend and fellow attorney Joni Eisenstein, he represented a man with a prior DUI conviction who was charged with 2nd-degree murder after causing a deadly crash. The individual was arrested after driving the wrong way on the 78 with a BAC of 0.24. Liss and Eisenstein successfully had the murder charge dropped. Their client was sentenced to 16 years in prison for gross vehicular manslaughter while intoxicated.
- Also in 2021, Liss represented a heartbroken father who was charged with gross vehicular manslaughter while intoxicated after his son died in an accident he caused. The individual was driving with a BAC of 0.20 and tested positive for marijuana use. While prosecutors sought a 10-year sentence, Liss convinced the judge to sentence him to one year in jail and 5 years of probation.
Call My Offices Today
If you were involved in an accident in San Diego and are facing charges for a DUI causing injury or vehicular manslaughter while intoxicated, please call a lawyer as soon as possible. Remember, drunk drivers are not always at fault, and if the prosecution cannot prove you caused the accident by driving negligently or breaking the law while intoxicated, you cannot be found guilty of these charges. Peter M. Liss has over 40 years of experience and accepts all major credit cards. You can schedule a free initial consultation by calling (760) 643-4050.
