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
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
Understanding the Law
What Is DUI Causing Injury California Under California Law?
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 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.
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.
Elements of the Crime
Elements of DUI Causing Injury California the Prosecution Must Prove
To convict someone of DUI Causing Injury California in California, the prosecution must prove each of the following elements beyond a reasonable doubt:
- 1The defendant drove a motor vehicle
- 2The defendant was under the influence of alcohol or drugs OR had a BAC of 0.08% or higher
- 3While driving under the influence the defendant committed an act forbidden by law OR neglected a legal duty
- 4That act or neglect caused bodily injury to another person
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
Defense
Defense Strategies for DUI Causing Injury California Charges
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.
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.
DUI Defense Defense
Charged with DUI Causing Injury California in Los Angeles?
Daniel S. Rubin defends clients charged with DUI Causing Injury California throughout Los Angeles County. Call (213) 723-2337 for a free, confidential consultation.
Questions
Frequently Asked Questions — DUI Causing Injury California in 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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