Penal Code 12022.7 is the great bodily injury enhancement. In a felony DUI causing injury, it can add years to the sentence and bring consequences far beyond the base offense, which is why it is one of the most important issues to fight in an injury case.
What it adds
When a victim suffers great bodily injury, 12022.7 adds a consecutive prison term, typically three years and more for certain injuries, on top of the sentence for the underlying DUI causing injury under Vehicle Code 23153. The enhancement can apply for each victim, and a great bodily injury finding can also count as a strike under California's Three Strikes law.
What "great bodily injury" means
Great bodily injury is a significant or substantial physical injury, more than minor or moderate harm. Whether an injury meets that standard is a factual question that turns on the medical records, not on the label in the police report. Soft-tissue complaints, injuries that resolve quickly, and pre-existing conditions are all areas where the enhancement can be contested.
Why causation also matters
The prosecution must prove that your conduct caused the injury. The other driver's actions, road conditions, and the sequence of the collision can break or weaken that causal link, which undercuts both the enhancement and the felony itself.
Where to start
The difference between a case with and without a great bodily injury finding is enormous, so the injury evidence has to be examined closely and early. Get a free written case analysis below or call me directly. See also DUI causing injury (VC 23153).