California Vehicle Code §23153 — DUI Causing Injury
Vehicle Code §23153 makes it a wobbler to drive under the influence and, in doing so, cause bodily injury to another person. Felony exposure is 16 months, 2, or 3 years in state prison plus mandatory GBI enhancements. §23153 is the injury-tier DUI — dramatically more serious than §23152.
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 — DUI Causing Injury |
| Code Type | Vehicle Code (VC) |
| Classification | Wobbler |
| Misdemeanor | Up to 1 year county jail + fines |
| Felony | 16 months, 2, or 3 years state prison |
| GBI Enhancement | +3 to +6 years under PC §12022.7 per victim |
| Multiple Victims | +1 year per additional victim (VC §23558) |
| License | 1-year revocation (misdo); 3-year revocation (felony) |
| Prior DUI Priorability | Counts as a prior DUI for 10 years |
| Strike Zone | GBI count is a strike (§1192.7(c)(8)) |
| Immigration | Felony §23153 with GBI = potential CIMT + aggravated felony |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is VC §23153?
What Is California Code §23153?
VC §23153 Reads:
"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."
— California Vehicle Code §23153(a)
§23153 is charged when three things line up: (1) driver was under the influence or ≥0.08% BAC, (2) driver committed an unlawful act or neglected a legal duty in driving, and (3) that act or neglect proximately caused injury to another person. Any pedestrian, passenger, or other driver injury triggers the statute.
§23153 vs §23152 — The Injury Line
§23152 is the base DUI — no injury required. §23153 requires injury and a concurrent unlawful act (speeding, running a light, unsafe lane change). Without both the unlawful act and injury, the case cannot be charged as §23153.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under VC §23153
Under CALCRIM 2100–2101, the prosecution must prove each element beyond a reasonable doubt.
Driving Under the Influence
Defendant drove while under the influence or with ≥0.08% BAC.
Concurrent Unlawful Act or Neglect of Duty
Defendant committed an unlawful act (VC violation) or neglected a legal duty while driving.
Proximate Cause
That act or neglect proximately caused bodily injury.
Bodily Injury to Another
Some person other than the driver sustained bodily injury.
04 — Penalties
Penalties for VC §23153 DUI Causing Injury in California
§23153 exposure scales dramatically with injury severity and prior DUI history.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §23153 — Misdemeanor | VC §23153 | 5 days–1 year county jail; $390–$5,000 fine | Available (mandatory conditions) | No (unless GBI) |
| §23153 — Felony | VC §23153 | 16 months, 2, or 3 years state prison | Available; often denied at 2+ victims | Yes if GBI |
| §23153 + GBI (§12022.7) | VC §23153 + PC §12022.7 | Add 3, 4, 5, or 6 years | Rare | Yes |
Sentencing Enhancements
Great Bodily Injury
PC §12022.7
+3 to +6 years per victim depending on severity — coma/paralysis/brain injury triggers longer tiers.
Multiple Victims
VC §23558
+1 year for each additional injured person (max 3).
High BAC
VC §23578
BAC ≥ 0.15% is a statutory aggravating factor increasing sentence.
Prior DUI Convictions
VC §23566
Two priors: 120 days min jail felony 2/3/4; three priors: 16m/2/4 with mandatory prison.
Additional Consequences Beyond Prison
- Mandatory DUI school 18 or 30 months
- Ignition interlock for 24–48 months
- License revocation 1–3 years — restricted after suspension period
- Insurance impact (SR-22) 3–5 years
- Habitual traffic offender status for repeat filings
- Immigration: felony §23153 with GBI is a potential CIMT and aggravated felony
Sentencing References
05 — Defense Strategies
How Rubin Law Defends VC §23153 DUI Causing Injury Charges
§23153 defenses attack the chemical test, the unlawful-act element, and causation.
No Concurrent Violation
If no VC violation occurred concurrent with driving, §23153 cannot stand — case drops to §23152.
Element
Break in Causation
Intervening acts by the victim or third party (jaywalking, sudden lane change, mechanical failure) break proximate cause.
Causation
Title 17 Violations
Blood-draw chain-of-custody breaks, uncalibrated PAS/breathalyzer, and 15-minute observation failures suppress the BAC.
Chemical
Rising BAC
BAC at time of driving may have been below 0.08%. Retrograde extrapolation defense on delayed test.
BAC
Reduce to §23152 or Reckless
Absent GBI, plea to §23152 or 'wet reckless' (§23103.5) avoids the injury-tier priorability.
Plea
Constitutional Sources
07 — Court Process
How VC §23153 DUI Causing Injury Cases Move Through Los Angeles Courts
§23153 cases involve DMV, criminal court, and often civil parallel proceedings.
- 1
Step 1 — DUI Investigation & Arrest
Field sobriety tests, PAS, and chemical test at station.
- 2
Step 2 — DMV APS Hearing (10-day rule)
Request Admin Per Se hearing within 10 days to protect license.
- 3
Step 3 — Filing Decision
DA decides misdemeanor vs felony based on injury severity, priors, and BAC.
- 4
Step 4 — Preliminary Hearing (felony)
Prosecution must show cause on driving, influence, unlawful act, and injury.
- 5
Step 5 — Expert Battle
Toxicologists, accident reconstructionists, and medical experts drive resolution.
- 6
Step 6 — Trial or Negotiated Plea
Common reductions: §23152, §23103.5 wet reckless, or misdo §23153.
Los Angeles Courts That Handle VC §23153 DUI Causing Injury Cases
§23153 cases are handled at every LA County criminal calendar.
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
Is VC §23153 always a felony?
No. It is a wobbler. Filing depends on injury severity, BAC, priors, and prosecutor discretion. Minor-injury cases are frequently filed as misdemeanors.
Does §23153 count as a strike?
§23153 by itself is not a strike. If paired with a §12022.7 GBI enhancement, the case becomes a serious felony and a strike under §1192.7(c)(8).
Can §23153 be reduced to §23152?
Yes, in cases with contested causation or de minimis injury. Reductions to §23152 or 'wet reckless' §23103.5 are common resolutions.
What happens to my license?
Misdemeanor §23153 triggers a 1-year revocation; felony triggers a 3-year revocation. A restricted license may be available after the hard-suspension period.
Available 24/7 — Free Consultation
Charged With VC §23153 in Los Angeles?
Injury-DUI defense demands accident-reconstruction, chemical-test, and DMV strategy from day one. Rubin Law, P.C. — (213) 723-2337.