Is there a distinction between driving with a blood-alcohol level of 0.08 percent or more causing bodily injury to a person other than the driver?

California, United States of America


The following excerpt is from People v. Baird, C074803 (Cal. App. 2016):

Defendant is correct that as to the same victim, the crimes of DUI causing bodily injury to a person other than the driver (Veh. Code, 23153, subd. (a)) and driving with a blood-alcohol level of 0.08 percent or more causing bodily injury to a person other than the driver (Veh. Code, 23153, subd. (b)) are lesser included offenses of gross vehicular manslaughter while intoxicated ( 191.5). (People v. Miranda (1994) 21 Cal.App.4th 1464.) Here, however, the offenses were committed against different victims. Defendant contends there is no distinction, but we disagree.

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