DUI Great Bodily Injury

Under 47 O.S. § 11-904, great bodily injury is defined as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in the protracted loss or impairment of any bodily member or organ. Examples include broken bones requiring surgery, traumatic brain injuries, severe burns with permanent scarring, paralysis, limb loss, and permanent organ damage. A simple cut, bruise, or sprain would not typically qualify.

DUI Great Bodily Injury is a B1 felony carrying 4 to 20 years in prison and fines up to $5,000. This is a felony even for a first-time DUI offense. Additional consequences include mandatory substance abuse assessment, license revocation, potential restitution to the victim, and all collateral consequences of a felony conviction including loss of firearm rights and employment barriers.

Yes. DUI causing great bodily injury is always charged as a B1 felony regardless of your prior criminal history. Unlike a standard first-offense DUI (which is a misdemeanor), the severity of the injuries elevates the charge to a felony automatically. This is one of the most serious DUI charges in Oklahoma.

The prosecution must prove two distinct elements beyond a reasonable doubt: first, that you were driving under the influence of alcohol or drugs (through BAC testing, field sobriety tests, or officer observations); and second, that your impaired driving directly caused the great bodily injury. Both elements are independently challengeable — if either fails, the specific charge cannot stand.

Yes. If the defense can demonstrate that the injuries do not meet the statutory definition of great bodily injury, the charge may be reduced to a standard DUI — potentially a misdemeanor for a first offense. If the DUI evidence itself is insufficient (faulty breathalyzer, illegal stop, suppressed blood evidence), the entire charge may be dismissed. An experienced attorney will evaluate both the DUI evidence and the medical evidence for weaknesses.

Comparative fault is a significant defense in DUI accident cases. If the other driver ran a red light, was speeding, or was texting while driving, their negligence may have caused or contributed to the accident and resulting injuries. An accident reconstruction expert can analyze the physical evidence to establish that the collision would have occurred regardless of the defendant's impairment, potentially undermining the causation element of the charge.

Yes. The criminal case and civil lawsuit are completely separate proceedings. The injured party can sue for medical expenses, pain and suffering, lost wages, and reduced future earning capacity. The civil case uses a lower burden of proof ("more likely than not" rather than "beyond a reasonable doubt"), meaning you could be found liable in civil court even if acquitted in criminal court.

Under Oklahoma's implied consent law (47 O.S. § 753), if an officer has probable cause to believe you were intoxicated and caused death or serious physical injury, they may obtain your blood even without consent. However, under Stewart v. State, blood drawn without consent or a valid warrant from an unconscious person may be unconstitutional and subject to suppression. The legality of the blood draw is frequently a critical issue in GBI cases.