California Vehicle Code §23153 — DUI Causing Injury
Vehicle Code §23153 is California's DUI-causing-injury statute. It criminalizes driving under the influence — of alcohol, drugs, or the combination — where the impaired driving proximately causes injury to another person. §23153(a) covers alcohol/combined; §23153(b) covers 0.08% BAC + injury; §23153(e) covers drugs. It is a wobbler with steep enhancements — PC §12022.7 GBI adds 3 – 6 years, and multiple-victim enhancements under §23558 add 1 year per additional victim.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · DUI Causing Injury Cases in All LA County Courts
01 — Quick Facts
VC §23153 — DUI Causing Injury at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Vehicle Code §23153 — Driving Under the Influence Causing Bodily Injury |
| Code Type | Vehicle Code (VC) |
| Classification | Wobbler |
| Penalty | Misd: up to 1 yr county jail. Felony: 16 mo, 2, or 3 yrs county jail (§1170(h)) |
| GBI Enhancement | PC §12022.7 — 3, 5, or 6 additional years for GBI |
| Multi-Victim Enhancement | VC §23558 — +1 year per additional victim (up to +3 total) |
| Strike Impact | Serious felony under §1192.7(c)(8) when GBI enhancement charged — STRIKE |
| Related Statutes | VC §23152 (DUI no injury); VC §23103.5 (wet reckless); PC §191.5 (vehicular manslaughter); VC §20001 (hit-and-run) |
| License Impact | APS + DUI conviction suspension — up to 1 – 3 years first offense; longer with priors |
| Immigration | GBI + felony frame can be CIMT / aggravated felony risk |
| Statute of Limitations | 3 years (felony); 1 year (misdemeanor) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is VC §23153?
What Is California Code §23153?
VC §23153 Reads:
"(a) It is unlawful for a person, while under the influence of any alcoholic beverage to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. (b) It is unlawful for a person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver."
— California Vehicle Code §23153(a), (b)
VC §23153 elevates DUI to felony/wobbler territory whenever another person is injured as a proximate result of the impaired driving. Typical fact patterns: DUI rear-ender with claimed neck / back injury, DUI collision with pedestrian or cyclist, and multi-victim collisions with passenger and other-vehicle occupant injuries. Prosecution requires proof of impairment (or 0.08% BAC), a separate act/neglect in driving (e.g. speeding, weaving, running a red), and proximate cause of injury. §23153 pairs frequently with VC §20001 hit-and-run, VC §23578 refusal enhancement, PC §12022.7 GBI, and — where death results — PC §191.5 vehicular manslaughter.
Why This Law Matters
§23153 is one of LA's most-charged wobbler traffic felonies. GBI enhancement makes it a serious-felony strike. Non-citizens face aggravated-felony immigration exposure. Rubin Law, P.C. defends by attacking causation (the 'separate act/neglect' element), litigating blood-draw and breath-test admissibility (Trombetta / Prop 47 / Missouri v. McNeely blood-warrant), challenging the GBI enhancement, and — critically — pursuing §17(b) reduction and companion-charge attacks (§20001, §12022.7) to keep the case off the strike track.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under VC §23153
The People must prove each element beyond a reasonable doubt.
Driving
Defendant drove a vehicle.
Under the Influence / 0.08%+ BAC
Defendant was under the influence of alcohol / drug / combination OR had 0.08% or higher BAC (or 0.05% for under-21).
Separate Act or Neglect in Driving
Defendant committed an additional violation of law or neglected a driving duty (e.g. speeding, weaving, running red, following too close).
Proximate Cause of Injury
The act/neglect proximately caused bodily injury to another person.
04 — Penalties
Penalties for VC §23153 DUI Causing Injury in California
Penalty structure for VC §23153.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §23153 Misdemeanor | VC §23153 | 5 days – 1 year county jail | Available (summary) | No |
| §23153 Felony | VC §23153 | 16 mo, 2, or 3 yrs county jail (§1170(h)) | Available | No (without GBI) |
| PC §12022.7 GBI Enhancement | PC §12022.7 | +3, +5, or +6 additional years — STRIKE | Limited | YES (§1192.7(c)(8)) |
| VC §23558 Multi-Victim | VC §23558 | +1 year per additional victim (up to +3 total) | N/A | N/A |
Related Enhancements & Companion Charges
PC §12022.7 GBI
PC §12022.7
3, 5, or 6 additional years for great bodily injury — makes case a strike.
VC §23558 Multi-Victim
VC §23558
+1 year per additional victim, capped at +3 total.
VC §23578 Refusal / High BAC
VC §23578
Refusal or BAC 0.15%+ enhances sentencing.
PC §191.5 Vehicular Manslaughter
PC §191.5
When death results — separate felony.
Beyond the Sentence
- Mandatory 3, 5, or 9 month DUI school (§23538)
- IID (Ignition Interlock Device) required under SB 1046
- License suspension — 1 year first offense, up to 5 years on priors
- APS suspension separate from criminal case
- SR-22 insurance filing for 3+ years
- Immigration exposure — CIMT / aggravated felony risk
Sentencing References
05 — Defense Strategies
How Rubin Law Defends VC §23153 DUI Causing Injury Charges
Rubin Law, P.C. defends §23153 through the following strategies.
No Separate Act / Neglect
The single most powerful §23153 defense — prosecution must prove a driving violation SEPARATE from the DUI itself. Absent that, §23153 fails and case drops to §23152.
Separate Act
Causation Attack
Superseding cause — victim's own negligence, third-party driver, sudden emergency. Expert traffic-reconstruction is deployed.
Causation
Blood / Breath Suppression
Missouri v. McNeely blood-warrant challenge; Title 17 chain-of-custody / phlebotomy; Trombetta breath preservation.
Suppression
Rising BAC / Retrograde
BAC was rising at time of driving — driver's BAC at driving was below 0.08% even though sample was later above.
Rising BAC
GBI Enhancement Attack
GBI must be proved — soft-tissue and pre-existing injuries are contested. Defeating GBI removes the strike.
Constitutional Sources
07 — Court Process
How VC §23153 DUI Causing Injury Cases Move Through Los Angeles Courts
Typical §23153 case flow in LA County.
- 1
Step 1 — Investigation / Traffic Reconstruction
CHP MAIT / LAPD MAIT reconstruct with EDR, surveillance, and expert.
- 2
Step 2 — APS Hearing
Rubin Law files timely APS hearing request to preserve driving privilege.
- 3
Step 3 — Arraignment
Felony booking common; bail and license-surrender argued.
- 4
Step 4 — Preliminary Hearing / Motions
§995 element challenges; Trombetta / Missouri v. McNeely / Title 17 suppression.
- 5
Step 5 — GBI / Strike Defense
PC §12022.7 enhancement contested to preserve non-strike outcome.
- 6
Step 6 — Plea / Trial
Negotiated §17(b) reduction, wet-reckless disposition, or trial.
Los Angeles Courts That Handle VC §23153 DUI Causing Injury Cases
§23153 filings venue in the courthouse serving the collision location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles DUI Causing Injury Defense Attorney
Daniel S. Rubin has defended clients charged with dui causing injury and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under VC §23153 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | DUI Causing Injury Cases Throughout LA County
09 — FAQs
VC §23153 DUI Causing Injury Questions — Los Angeles
What is VC §23153?
VC §23153 is California's DUI-causing-injury statute. It is a wobbler that becomes a serious felony strike when the PC §12022.7 great-bodily-injury enhancement is charged and proved.
What is the 'separate act' requirement?
§23153 requires that the driver concurrently commit a separate driving violation OR neglect a driving duty — apart from the DUI itself. Absent that separate act, §23153 fails and the case drops to §23152 (DUI no injury).
Is §23153 a strike?
§23153 alone is not a strike. It becomes a serious felony strike under §1192.7(c)(8) only when the PC §12022.7 GBI enhancement is charged and proved.
Will I go to prison?
State prison exposure applies to the felony track — 16 months, 2, or 3 years county jail (with §1170(h) split possible). GBI enhancement adds 3 – 6 years. Misdemeanor track carries up to 1 year county jail.
Can §23153 be reduced?
Yes. Rubin Law's most common reductions are §17(b) misdemeanor conversion, reduction to §23152 (DUI no injury), and reduction to wet reckless §23103.5.
What about the license?
APS suspension is separate from the criminal case. §23153 conviction triggers 1-year suspension (first offense), longer with priors. IID / SR-22 required on reinstatement.
Immigration consequences?
Felony §23153 with GBI enhancement can be treated as an aggravated felony / CIMT — creating deportation and inadmissibility risk. Immigration-safe plea structuring is essential.
Available 24/7 — Free Consultation
Charged with VC §23153 DUI Injury? Call Rubin Law.
§23153 is a wobbler with 3 – 6 year GBI enhancement and strike exposure. Rubin Law, P.C. defends by attacking the separate-act element and pursuing §17(b) reduction. Call (213) 723-2337.