DUI Causing Injury (Vehicle Code § 23153) in California

If you’re facing DUI causing injury charges in California, you’re probably being judged before the facts are even clear. Prosecutors are building a case. The media may already be spinning a narrative. And through it all, you’re left wondering how you got here—and what comes next.

At David P. Shapiro Criminal Defense Attorneys, we make sure your voice is heard and your rights are protected—because your future deserves more than assumptions.

What is Vehicle Code 23153 in California?

California Vehicle Code 23153 makes it illegal to drive under the influence of alcohol or drugs and cause injury to another person. Unlike a standard DUI, which focuses solely on impaired driving, this offense requires both impairment and an injury-causing act or negligence.

The law applies to several situations:

• Driving under the influence of alcohol (23153(a))
• Driving with a blood alcohol concentration (BAC) of 0.08% or higher (23153(b))
• Driving under the influence of drugs (23153(f))
• Driving under the combined influence of alcohol and drugs (23153(g))

According to the California Office of Traffic Safety, alcohol-related crashes remain a significant public safety concern, which is why these cases are prosecuted so aggressively, particularly when injuries occur.

How DUI Causing Injury Differs from Standard DUI

A DUI causing injury (Vehicle Code § 23153) is more serious than a standard DUI (Vehicle Code § 23152) in several important ways:

1. Injury Requirement – While a standard DUI only requires proof of impaired driving, 23153 requires that someone other than the driver was injured as a result.
2. Additional Element of Negligence – Prosecutors must prove you committed an illegal act or neglected a legal duty while driving (beyond just being under the influence).
3. Elevated Penalties – DUI with injury carries significantly harsher penalties, including longer jail or prison sentences.
4. Wobbler Status – DUI with injury can be charged as either a misdemeanor or a felony, depending on the circumstances and severity of injuries.
5. Strike Offense – If great bodily injury results from the collision the charge becomes a “strike” felony under California’s Three Strikes Law.

Elements Prosecutors Must Prove in Vehicle Code 23153 Cases

For a conviction under Vehicle Code 23153, prosecutors must prove all of the following elements beyond a reasonable doubt:

1. You drove a vehicle – You were actually driving, not just sitting in a parked car
2. You were under the influence – Either alcohol, drugs, or both impaired your ability to drive with the caution of a sober person OR your BAC was 0.08% or higher
3. You committed an illegal act or neglected a legal duty – Such as speeding, running a red light, or failing to yield right-of-way
4. Your illegal act or neglect caused injury to another person – There must be a direct connection between your actions and the person’s injuries

Penalties for DUI Causing Injury in California

The consequences for DUI causing injury vary based on whether it’s charged as a misdemeanor or felony:

Misdemeanor DUI Causing Injury

• Up to 1 year in county jail
• Fines up to $5,000
• Informal probation for 3-5 years
• Suspension of driver’s license for 1-3 years
• DUI school
• Restitution to injured victims
• Possible installation of an ignition interlock device (IID)

Felony DUI Causing Injury

• 16 months, 2 years, or 3 years in state prison
• Additional and consecutive 1-6 years for each additional person who suffers great bodily injury
• Fines up to $5,000
• Formal probation for 3-5 years
• Restitution to injured victims
• “Strike” under California’s Three Strikes Law (if GBI is alleged)
• Designation as a “habitual traffic offender” for 3 years (depending on driving record)

Aggravating Circumstances

Several factors can enhance penalties even further:

• Multiple victims suffering injuries
• Extremely high BAC levels (0.15% or higher)
• Prior DUI convictions
• Excessive speed or particularly reckless driving
• Driving on a suspended license
• Having a child passenger in the vehicle

Effective Defense Strategies for DUI Causing Injury Cases

While every case has its own facts and challenges, certain legal strategies have consistently helped clients fight DUI causing injury charges in California:

1. Challenging Causation

A critical defense strategy involves breaking the causal connection between your alleged impairment and the accident resulting in injury. If we can demonstrate that your driving wasn’t responsible for causing the injuries, perhaps another driver’s actions or road conditions were the primary cause—this can significantly impact the charges.

2. Questioning Chemical Test Results

Chemical test results may be challenged on several grounds:

• Improper administration of the test
• Equipment calibration issues
• Chain of custody problems
• Medical conditions that could affect results
• Rising blood alcohol defense (your BAC was below the legal limit while driving, but rose above it by the time of testing)

3. Challenging “Under the Influence” Allegations

We may argue that you weren’t actually impaired, despite test results. This could involve:

• Presenting evidence of your normal behavior
• Challenging field sobriety test administration and results
• Expert testimony about tolerance and how substances affect different individuals

4. Constitutional Violations

If law enforcement violated your constitutional rights during the investigation, evidence may be suppressed in court. Common violations include:

• Illegal traffic stops without reasonable suspicion
• Searches conducted without a warrant or valid exception
• Miranda rights violations
• Denied access to counsel

5. Negotiating Reduced Charges

In some cases, the best strategy might be negotiating with prosecutors to reduce felony charges to misdemeanors or to standard DUI charges without the injury component. This is particularly possible when injuries are minor or causation is difficult to prove.

Being charged doesn’t mean you’re automatically guilty. The right defense strategy can expose weaknesses in the prosecution’s case, and the sooner you act, the more options you may have.

FAQs About DUI Causing Injury

What’s the difference between “bodily injury” and “great bodily injury”?

In California DUI cases, “bodily injury” refers to any physical harm, while “great bodily injury” means a significant or substantial physical injury. The distinction is important because causing great bodily injury triggers sentence enhancements that can add 3-6 years of prison time per victim.

Can I be charged with DUI causing injury if the passenger in my own car was injured?

Yes. Vehicle Code § 23153 applies to injuries to “any person other than the driver,” which includes passengers in your own vehicle.

Will my car insurance cover the damages in a DUI accident with injuries?

While your insurance may initially cover damages up to your policy limits, most insurance companies can deny coverage for intentional acts or criminal behavior.

How does a DUI causing injury affect professional licenses?

Many professional licensing boards in California (medical, legal, real estate, etc.) consider DUI with injury a serious offense that can trigger disciplinary proceedings. You may face suspension or revocation of your professional license depending on your field and the specific circumstances.

Is it possible to get a DUI causing injury expunged from my record?

Yes, under certain circumstances. If you successfully complete probation, you may petition the court for expungement under California Penal Code 1203.4. However, the conviction would still count as a prior DUI for 10 years and could affect certain professional licenses.

Charged Under § 23153? You Need the Right Team in Your Corner

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.