• Top Lawyers - San Diego Magazine
  • Former Deputy San Diego City Attorney
  • Former USMC Captain
  • Located Directly Across From Vista Courthouse
  • Over 150 Five Star Reviews on Google and Yelp

Attorneys William R. Christoph & Nicholas W. Christoph

Is a DUI with an accident a felony?

On Behalf of | Mar 25, 2014

A DUI with an accident is a felony only if another person is injured.  A property damage only accident with a DUI is a misdemeanor in Oceanside, Carlsbad, Escondido, Vista and everywhere in California.  However, an accident is an aggravating factor even on a misdemeanor, regardless if it is a single car accident with no other proerty damage.  Courts consider driving under the influence of alcohol or a drug to be more serious where there is an accident of any kind and sentences are generally greater.  Clearly the more damage or more dangerous the driving makes the case more serious and will generally result in greater sentences.

If there is an injury of another, even just soft tissue sore back or neck, the District Attorney in Vista, California tends to file a felony.  It may be possible during the course of the case to get it reduced to a misdemeanor depending on a number of factors like defendants record, dangerousness of the driving, restitution etc.  If there is a serious injury, broken bones or stitches, the case may be filed as a “strike” under the 3 strikes law.  A “strike” case involving GBI (great bodily injury) can result in serious custody, including state prison and there can be additional enhancements which can add 3 years in prison for the injury on top of the possible 3 years for the DUI with injury.  There can be 1 year enhancements added to that for every additional victim after one.

Call Christoph Law Offices for a free consultation and evaluation of your case.  We have been across from Vista Courts for over 30 years and handled over 300 DUI cases, many with priors, injury and even death.  These are serious cases and we provide the huighest level of professional representation and can help you achieve the best result in your case.



Google 5 Star Reviews

Over 150 Five Star Google and Yelp Reviews

5 stars
Yelp 5 Stars Logo


I highly recommend Christoph Law Offices to everyone. Nick is a true professional who will go above and beyond for his clients. Thank you!
– Mahir B.


Amazing attorneys! Bill Christoph was very helpful during my case. He was always quick to get back to me about my questions.
– Collin W.


Great experience overall having William Christoph as my attorney. He understands his client, very insightful and is an expert in his field.
– Soheila N.

Defending Against DUI and Criminal Charges Throughout San Diego County

TOP RATED In The Legal Community
Martindale-Hubbell AV Preeminent Rating, Peer Rated for Highest Level of Professional Excellence
AVVO Rating 10 Superb Top Criminal Defense