DUI DEFENSE LAW — CALIFORNIA
DUI Causing Injury in California — VC §23153 Explained
DUI causing injury under VC §23153 is a wobbler — it can be charged as either a misdemeanor or felony. With great bodily injury it becomes a strike offense carrying up to 10 years in state prison.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
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Quick Reference
DUI Causing Injury California — At a Glance
- Law / Code
- VC §23153
- Classification
- Wobbler — Misdemeanor or Felony
- Maximum Penalty
- Up to 1 year jail (misdemeanor) or 16 months–3 years prison (felony) + 3–6 years if GBI alleged
- Probation Eligible
- Formal probation (felony) or informal (misdemeanor)
- Strike Offense
- Yes if great bodily injury (PC §12022.7)
- Related Codes
- VC §23152PC §12022.7PC §191.5PC §187
Attorney Perspective
DUI-with-injury cases turn on causation and the great bodily injury enhancement — not the BAC number. When we can show that the injury would have happened regardless of impairment, or that the injury does not meet the GBI standard, the entire case profile changes. That is where these cases are won or lost. — Daniel Rubin
What Is DUI Causing Injury California Under California Law?
Legal Framework. California Vehicle Code §23153 makes it illegal to drive under the influence and concurrently commit any act forbidden by law or neglect any duty imposed by law while driving — and as a result of that act or neglect cause bodily injury to any person other than the driver.
The Prosecution's Burden. The key distinction from basic DUI under VC §23152 is the causation element: the prosecution must prove the defendant's DUI caused another person's injury, not just that they were DUI and an injury happened to occur. This causation element is one of the most contested issues in DUI with injury cases.
Potential Consequences. DUI causing injury is a wobbler under California law. If charged as a felony and the prosecution alleges great bodily injury under PC §12022.7, the offense becomes a strike. A strike doubles any future felony sentence and triggers mandatory 85% time served.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under VC §23153
To convict under VC §23153, the prosecution must prove each of the following elements beyond a reasonable doubt:
The Defendant Drove a Vehicle
The prosecution must prove the defendant actually drove a motor vehicle. Mere presence in or near a vehicle, sleeping in a parked car, or having keys within reach is not enough unless there is evidence of driving or the ability to drive with intent to move the vehicle.
Under the Influence or 0.08% BAC
The defendant was under the influence of alcohol, drugs, or a combination of both to the degree that normal mental or physical abilities were impaired. Alternatively, the prosecution can prove a BAC of 0.08% or higher at the time of driving under VC §23153(b).
An Unlawful Act or Neglected Duty
While DUI, the defendant committed an act forbidden by law or neglected a duty imposed by law. This is typically a traffic violation — speeding, running a red light, unsafe lane change — or any other breach of the vehicle code that occurred while the defendant was impaired.
Causation of Bodily Injury
The defendant's unlawful act or neglected duty proximately caused bodily injury to another person. The injury must be a direct, foreseeable result of the defendant's conduct — not caused by the other driver, road conditions, or an unrelated medical event.
All elements must be proven beyond a reasonable doubt.
Penalties
Penalties for DUI Causing Injury California in California
Misdemeanor
5 days–1 year county jail, $390–$5,000 fine plus assessments, 3–5 years probation, 18-month DUI school, license suspension, IID requirement.
Felony
16 months–3 years state prison (felony base); additional 3–6 years for great bodily injury enhancement (PC §12022.7); additional 1 year for each additional injured victim (up to 3 years); formal felony probation if prison is suspended; restitution to all injured parties.
Additional Consequences
- Strike offense if GBI alleged — doubles future felony sentences
- Habitual Traffic Offender designation
- License revocation up to 5 years
- Civil liability — criminal case is separate from civil personal injury claims
- Victim restitution mandatory
05 — Defense Strategies
How Rubin Law Defends DUI Causing Injury California Charges
Rubin Law, P.C. attacks the elements of VC §23153 and drives outcomes that avoid conviction where possible.
Attack Causation
The prosecution must prove your DUI caused the injury — not merely that you were DUI when an injury occurred. If the other driver ran a red light, if the road was defective, if the other person was also impaired, or if the injury would have occurred regardless of your BAC, we build a causation defense that can defeat the charge entirely.
Contest the GBI Allegation
Great bodily injury requires significant or substantial physical injury — not every injury qualifies. We review medical records to contest whether the injuries meet the GBI standard. Defeating the GBI allegation removes the strike, reduces prison exposure, and preserves gun rights.
Negotiate Misdemeanor Treatment
As a wobbler, VC §23153 gives the prosecutor discretion to charge and treat the case as a misdemeanor. We present compelling mitigation — minor injuries, clean prior record, strong evidence challenges, victim cooperation — to argue for misdemeanor treatment and avoid a felony conviction.
Challenge BAC Evidence
The same BAC challenges available in standard DUI cases apply: breathalyzer calibration, blood test chain of custody, rising BAC, mouth alcohol, retrograde extrapolation. A successful BAC challenge may not eliminate the charge but can significantly affect the outcome.
VC §23152(b)
Challenge the Unlawful Act Element
VC §23153 requires proof that the defendant committed an unlawful act while DUI that caused the injury — typically speeding, running a light, or lane violation. If we can disprove the unlawful act or show it did not cause the injury, the charge cannot be sustained under VC §23153.
Fourth Amendment Suppression
Many DUI causing injury cases start with a traffic stop, field sobriety test, or forced blood draw. If police lacked reasonable suspicion, probable cause, or a valid warrant, we move to suppress the BAC result, statements, and any observations derived from the unlawful search or seizure.
U.S. Const. amend. IV
Independent Accident Reconstruction
Prosecutors often rely on police reports that assume the impaired driver is at fault. We retain accident reconstructionists and private investigators to photograph the scene, download event data recorder (EDR) information, and prepare expert reports that rebut the prosecution's causation theory.
Mitigate Through Restitution and Remediation
When the facts are not in dispute, we focus on sentence mitigation: full restitution, enrollment in DUI school, voluntary AA/NA participation, and letters of rehabilitation. A structured mitigation package can be the difference between prison and probation in a borderline VC §23153 case.
PC §1192.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Collateral Consequences of a DUI Causing Injury California Conviction
A conviction does not end when the jail sentence does. These are the long-tail consequences that shape how we negotiate and litigate every case.
Immigration Consequences
A felony DUI causing injury is treated as a crime involving moral turpitude and, when great bodily injury is alleged, a potential aggravated felony under federal immigration law. Non-citizens — including lawful permanent residents — face possible removal, inadmissibility, and denial of naturalization. Any plea must be structured with immigration exposure in mind.
Professional Licensing
Nurses (BRN), physicians (Medical Board), attorneys (State Bar), teachers (CTC), contractors (CSLB), and CDL drivers are all required to self-report a felony conviction — often within 30 days. A VC §23153 conviction can trigger license suspension, probation, or revocation on top of the criminal penalties.
Gun Rights
A felony conviction under VC §23153 is a lifetime firearm ban under PC §29800. If the great bodily injury enhancement (PC §12022.7) attaches, the case is also a strike under California's Three Strikes law, which further compounds any future firearm charge.
DMV & Driving Privileges
The DMV proceeding runs on a separate 10-day clock from the criminal case. A conviction under VC §23153 triggers a 1–3 year license suspension for a first offense, up to 5 years for repeat offenders, mandatory IID installation, and SR-22 filing for three years. Commercial drivers face a lifetime CDL disqualification on a second offense.
Civil Liability & Restitution
The criminal case runs parallel to any civil personal injury lawsuit. A criminal conviction can be used as evidence of negligence per se in the civil case, and California's Insurance Code §11580.1 generally excludes DUI-related liability from personal auto coverage. Restitution to the injured party is mandatory as a condition of probation.
Sentence Enhancements & Priorability
A VC §23153 conviction counts as a prior DUI for any future DUI within 10 years, elevating a fourth offense to a felony under VC §23550. Combined with the Watson advisement, a subsequent DUI resulting in death can be charged as second-degree Watson murder under PC §187.
Court Process
How a DUI Causing Injury California Case Moves Through LA County Court
- 1
Arrest & Booking
After a DUI-with-injury collision the arresting officer typically requests a blood draw at the hospital (implied consent under VC §23612). Booking usually occurs at the nearest LAPD or LASD station with bail set on the felony schedule — often $50,000 or higher when GBI is alleged.
- 2
Arraignment
The first court appearance within 48 court hours of arrest. The complaint will list VC §23153(a) and (b), any GBI enhancement (PC §12022.7), and multi-victim enhancements. Bail arguments, protective orders, and a plea are entered here.
- 3
Preliminary Hearing
For felony charges the prosecution must present enough evidence for a magistrate to find probable cause. This is our first major opportunity to attack causation, challenge BAC evidence, and move to reduce the case to a misdemeanor under PC §17(b).
- 4
Pretrial Motions
Motions to suppress under PC §1538.5 (illegal stop, warrantless blood draw), motions in limine to exclude retrograde extrapolation testimony, and PC §995 motions to dismiss the enhancement all shape the leverage going into trial.
- 5
Trial or Plea
Most VC §23153 cases resolve short of trial through negotiated reductions — wet reckless (VC §23103.5), standard DUI (VC §23152), or misdemeanor VC §23153. When the evidence supports acquittal we take the case to a jury.
- 6
Sentencing & DMV
If convicted, sentencing addresses custody, probation, DUI school, IID, restitution, and any GBI enhancement. The DMV Administrative Per Se hearing runs on a separate track — a criminal conviction triggers a mandatory license action independent of the APS outcome.
If You've Been Charged
What To Do Right Now — DUI Causing Injury California
Say nothing beyond identifying information
You are legally required to identify yourself and provide license, registration, and insurance under VC §12951. Beyond that, invoke your right to remain silent under Miranda and your right to counsel. Do not apologize, do not describe the crash, and do not answer questions about drinking. Everything you say — including at the hospital — is admissible.
Request the DMV hearing within 10 days
The DMV imposes an automatic license suspension separate from the criminal case unless you affirmatively request an Administrative Per Se (APS) hearing within 10 calendar days of arrest. Miss the deadline and the suspension is automatic. Rubin Law files the request the same day we are retained.
Preserve every piece of evidence
Photograph the scene, your vehicle, injuries, and the roadway if you can safely return. Obtain the CHP or LAPD traffic collision report (CHP 555). Request 911 audio, dashcam and bodycam footage, and any nearby business surveillance before it is overwritten (typically 30 days).
Do not contact the injured party
Any attempted contact — even a well-intentioned apology — can be charged as witness intimidation (PC §136.1), can create a protective order, and can be used as an admission of fault at both the criminal trial and any civil case.
Retain counsel before you are re-interviewed
Detectives often follow up days after the arrest, especially when injuries are serious. Do not agree to a second interview. Rubin Law handles all communications with law enforcement, the DA's filing deputy, and any civil insurance adjusters.
Los Angeles County
Cities We Defend DUI Causing Injury California Charges In
Daniel S. Rubin appears in every LA County criminal courthouse. Click your city for local courthouse, police division, and case-strategy details.
See all 162 Los Angeles County service areasAuthoritative Sources
Read the Statutes & Official Guidance
Primary sources for the law referenced on this page. Links open on official government and standards-body sites.
- California Vehicle Code §23153 (official text)California Legislative Information
- California Vehicle Code §23152 (baseline DUI)
- California Penal Code §12022.7 (GBI enhancement)
- California DMV — DUI Administrative Per Se
- CA DOJ — Firearm prohibitions after felony conviction
- NHTSA — Impaired driving statistics
Questions
Frequently Asked — DUI Causing Injury California
What is the difference between DUI and DUI causing injury in California?
Standard DUI under VC §23152 does not require any injury — it only requires that the defendant was driving under the influence or had a BAC of 0.08% or higher. DUI causing injury under VC §23153 adds two additional elements: an unlawful act committed while DUI and bodily injury to another person caused by that act. DUI causing injury is a wobbler and carries significantly harsher penalties.
Is DUI causing injury a felony in California?
DUI causing injury is a wobbler — the prosecutor can charge it as either a misdemeanor or a felony based on the severity of the injuries, your prior record, and the circumstances of the case. When great bodily injury is alleged under PC §12022.7, the felony version becomes a strike offense with mandatory additional prison time.
What is great bodily injury in a DUI context?
Great bodily injury means significant or substantial physical injury. It is more than minor or moderate harm but does not require permanent injury or disfigurement. Broken bones, significant lacerations, concussion with extended impairment, and serious orthopedic injuries typically qualify. Bruising, minor cuts, and soft tissue injuries that resolve quickly may not meet the GBI standard.
Can I be sued civilly after a DUI causing injury conviction?
Yes. The criminal DUI case and a civil personal injury lawsuit are completely separate proceedings. A conviction in the criminal case does not bar a civil lawsuit and may actually make the civil case easier for the injured party. Conversely, acquittal in the criminal case does not prevent a civil judgment — the burden of proof in civil cases is only preponderance of the evidence, not beyond a reasonable doubt.
How long will I go to prison for DUI causing injury?
For a felony DUI causing injury without GBI the base term is 16 months, 2 years, or 3 years in state prison. With a great bodily injury enhancement an additional 3–6 years is added. With multiple injured victims additional 1-year enhancements apply for each victim up to 3. Many first-time defendants convicted of felony DUI causing injury with less severe injuries receive formal probation and county jail time rather than state prison — this depends heavily on the specific facts and the skill of your defense attorney.
What should I do immediately after a DUI accident in Los Angeles?
Do not admit fault or apologize at the scene — anything you say can be used against you. Comply with your legal duty to stop, provide information, and render aid if needed (VC §20001). Then say nothing further until you have spoken with an attorney. Call Rubin Law, P.C. at (213) 723-2337 immediately — we are available 24 hours a day and will guide you through what to do and say from the moment of arrest.
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Charged with DUI Causing Injury California? Call Rubin Law Now.
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