If you’ve been involved in an accident that caused serious harm to another person, you might be scared about what comes next. Whether or not you were driving under the influence, great bodily injury is life-changing for everyone involved and has serious legal consequences.
If you’ve been charged with DUI involving great bodily injury, the stakes are even higher than a traditional DUI. You need to understand what a great bodily injury charge means under the law and how it impacts your DUI case.
What Is Great Bodily Injury?
Under Oklahoma law, “great bodily injury” refers to a physical injury that creates a substantial risk of death, causes serious or permanent disfigurement, or results in the long-term loss or impairment of a bodily function, organ, or limb. Some examples of great bodily injury might include:
- Broken bones
- Severe burns that leave permanent scarring
- Traumatic brain injuries
- Injuries leading to paralysis or the loss of a limb
- Permanent organ damage or loss of an organ
When great bodily injury is involved, the penalties for these crimes become more severe, including longer prison sentences and higher fines.
What Is a DUI with Great Bodily Injury?
Under Oklahoma law, a person can face a DUI great bodily injury charge if they cause an accident resulting in serious harm to someone else while operating a vehicle under the influence of alcohol or drugs. This is a far more serious type of DUI.
DUI with great bodily injury is a felony. Having a felony conviction on your record has permanent consequences, like not being able to own a firearm. It also makes it much harder to get a job, housing, or loans than a misdemeanor might. If found guilty, the penalties are also harsh:
- Starting January 1, 2026, this charge carries a minimum of 4 years in prison and a maximum of 20. You are likely to face jail time for great bodily injury, even for a first-time DUI.
- The court may impose fines of up to $5,000. As with jail time, facing high fines is very likely.
Proving Guilt for a DUI with Great Bodily Injury
Like all criminal cases, the prosecution must prove every element of the charge beyond a reasonable doubt to secure a conviction. For DUI with great bodily injury, the state must establish two key elements.
You Were Driving Under the Influence
The state must first prove that you were under the influence of alcohol or drugs while operating the vehicle. This is often based on evidence such as results from a breathalyzer or blood test, police observations of impaired behavior, such as slurred speech or unsteady movement, and field sobriety test results.
Your attorney will know how to challenge this evidence. However, even if the DUI charge is dropped due to insufficient evidence, you could still face other serious charges, such as reckless driving causing great bodily injury or assault and battery with a deadly weapon (where the weapon is the car). Both are felonies that still carry severe penalties.
You Caused Great Bodily Injury
The prosecution must also prove that your actions caused the injury and that the injury meets the legal definition of great bodily injury. It’s not always as straightforward as it sounds, and proving this often involves:
- Medical documentation: Records detailing the severity of the injury, treatments, and long-term prognosis.
- Expert testimony: A medical expert may testify about how the injury affects the victim’s life and why it qualifies as great bodily injury.
If the prosecution can’t prove that great bodily injury occurred, the charge could be reduced to a standard DUI. This would lower the penalties significantly, as a first-time DUI is typically a misdemeanor. If neither element of the charge can be proven, the case may be dismissed entirely.
Civil Cases Involving Great Bodily Injury
In addition to criminal charges, a DUI with great bodily injury can also lead to a civil lawsuit. A civil case is different from the criminal case and focuses on compensating the injured person for their losses, which could include:
- Medical expenses: The cost of surgeries, hospital stays, rehabilitation, and long-term care.
- Pain and suffering: Compensation for the physical and emotional toll of the injury.
- Lost wages: Reimbursement for income lost due to the injury and any reduction in future earning capacity.
Unlike a criminal case, a civil case doesn’t require proof beyond a reasonable doubt. Instead, the standard of proof is lower—the injured person only needs to show that it’s more likely than not that you were responsible for their injuries. This makes it easier for them to win a civil case even if you aren’t convicted of the DUI in criminal court.
Facing a Great Bodily Injury Charge? You Have Options
Being charged with DUI with great bodily injury is serious, but it doesn’t mean you’re out of options. The burden is on the state to prove the case against you, and there are several defenses your attorney can explore:
- Challenging the DUI evidence: If the prosecution can’t prove you were under the influence, the DUI charge could be dropped. This might involve questioning the accuracy of a breathalyzer or the handling of a blood test.
- Disputing causation: Your attorney might argue that the injuries weren’t caused by your actions or that the injuries don’t meet the legal definition of great bodily injury.
- Questioning police procedure: If law enforcement violated your rights, such as conducting an illegal stop or failing to read your Miranda rights, your attorney could seek to suppress evidence or dismiss the case.
An experienced attorney can investigate the details of your case, find weaknesses in the prosecution’s evidence, and build a strong defense. The sooner you involve an attorney, the better your chances of a favorable outcome.
The Bottom Line
A DUI with great bodily injury charge is one of the most serious offenses you can face, and the consequences can be life-changing. However, a strong defense can make all the difference. From the moment you’re arrested, an experienced attorney can help you understand your rights, explore your options, and fight for the best possible outcome.
If you’re facing charges involving great bodily injury, don’t wait. Contact Tulsa DUI Guy today for a free case evaluation and start building your defense.