DUI Causing Bodily Injury

san diego dui penalty enhancement

San Diego DUI with Bodily Injury Inflicted on Another Person

Punishment: Bodily Injury inflicted on another Person In a San Diego DUI accident with more than one victim, add one (1) year in prison for each additional victim, up to a total of three (3) years. California Vehicle Code §23558

California Vehicle Code §23558

DUI with Bodily Injury caused to another person or persons:

Any person who proximately causes bodily injury or death to more than one victim in any one instance of driving in violation of Section 23153 of this code, or in violation of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the Penal Code, shall, upon a San Diego felony DUI conviction, and notwithstanding subdivision (g) of Section 1170.1 of the Penal Code, receive a DUI Penalty enhancement of one year in the California state prison for each additional injured victim.

The enhanced drunk driving sentence provided for in this section shall not be imposed unless the fact of the bodily injury to each additional victim is charged in the accusatory pleading and admitted or found to be true by the trier of fact. The maximum number of one year DUI enhancements which may be imposed pursuant to this section is three. Notwithstanding any other provision of law, the San Diego court may strike the enhancements provided in this section if it determines that there are circumstances in mitigation of the additional punishment and states on the record its reasons for striking the additional DUI related punishment.