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What is the punishment for a felony DUI with great bodily injury?

It happened in California.

A violation of Veh C 23153 (driving under the influence and causing bodily injury — it need not be great bodily injury) can be filed as a misdemeanor or a felony. As a felony it has a maximum sentence of three years in prison, as a misdemeanor a maximum sentence of one year in jail. For a first offense, probation is the most likely outcome. Whether prosecuted as a felony or misdemeanor, that will involve at least 5 days in jail, a fine in the area of $1,900, and a one-year license suspension. (Veh C 23554, 23556.) There will also be required restitution to the victim, unless the defendant’s insurance company paid for it (and a lot of insurance companies do not cover damages caused by drunk driving). That means that the defendant has to pay even if the victim’s insurance company also paid.

BTW, since “great” bodily injury is NOT required to commit this offense, it is NOT necessarily a “strike” (serious felony) under California law. (People v. Thoma (2007) 150 Cal.App.4th 1096.)

Georgia DUI Felony Offense


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