San Bernardino DUI with Injury Lawyer

Defending Against Life-Altering Charges

When a DUI involves a bodily injury to another person, the legal situation shifts from a standard misdemeanor to an “aggravated” criminal matter. In San Bernardino County, these cases are prosecuted under Vehicle Code 23153. Unlike a typical DUI, an injury case is a “wobbler,” meaning the District Attorney has the discretion to file it as either a misdemeanor or a felony based on the severity of the injuries and your prior record.

At the Law Offices of Hart J. Levin, we specialize in defending clients against these high-stakes allegations. Led by a former Deputy District Attorney, our firm understands the specific metrics San Bernardino prosecutors use to determine if they will pursue state prison time. We provide the aggressive, sophisticated defense needed to protect your freedom and your driving privileges.

Understanding Vehicle Code 23153 (DUI Causing Injury)

To convict you of a DUI with injury in the San Bernardino Justice Center, the prosecution must prove more than just impairment. They must establish four specific elements:

  1. You drove a vehicle while under the influence of alcohol or drugs.
  2. While driving, you committed an illegal act (like speeding or running a red light) or neglected a legal duty.
  3. Another person suffered a bodily injury.
  4. Your specific illegal act or neglect was the “proximate cause” of that injury.

How We Defend San Bernardino DUI Injury Cases

We do not accept the prosecution’s version of the accident. We conduct our own thorough forensic investigation:

  • Challenging Causation: Just because an accident happened does not mean your driving caused the injury. We work with accident reconstruction experts to show if the other party was at fault or if external factors like poor road design contributed to the crash.
  • Analyzing Injury Severity: Prosecutors often overstate bodily injury to secure a felony filing. We scrutinize medical records to determine if the injuries actually meet the legal threshold for “bodily injury” or “great bodily injury.”
  • Toxicology and Lab Defense: We examine the timing of blood draws and the maintenance of testing equipment at the San Bernardino crime lab to ensure the results are accurate and legally admissible under Title 17 regulations.

Why Hart Levin is the Right Choice

An injury case requires a level of expertise that goes beyond standard DUI defense. You need a trial-tested advocate who knows the local courtrooms.

  • Former Prosecutor Advantage: Hart Levin’s experience on the “inside” allows him to anticipate the District Attorney’s strategy and find the holes in their evidence early in the process.
  • Proactive Mitigation: We often engage with the San Bernardino District Attorney before the first court date to provide mitigating evidence that may prevent a felony filing before it even starts.
  • Complete DMV Representation: Injury cases trigger a complex DMV process. We handle the Administrative Per Se hearing to fight for your driving privileges and manage the 2026 IID requirements.

Contact Our San Bernardino Team

If you are facing an injury DUI charge, the most important step is to act quickly. Our legal team is available 24/7 to begin reviewing your case. Call 323-991-8804 or fill out our online form to schedule a case consultation.

Frequently Asked Questions

Yes. In California, “bodily injury” is broadly defined, but minor injuries like whiplash or bruises often provide an opportunity for us to negotiate a felony charge down to a misdemeanor.

If multiple victims were injured in the same incident, the prosecution can add enhancements to the charges. Under 2026 law, this can lead to an additional year of prison time for each additional person who suffered an injury

A felony conviction typically leads to a longer revocation period than a misdemeanor. However, 2026 laws regarding Ignition Interlock Devices (IID) provide more pathways for drivers to maintain restricted driving privileges if the case is handled correctly at the DMV level.

This is a critical defense. If the other party’s negligence was the primary cause of the accident, we can argue that the injury was not proximately caused by your intoxication, which can lead to the injury charges being dismissed.

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