Vehicle Code 23153 elevates DUI from a misdemeanor to a potential felony when impaired driving causes bodily injury to another person. This statute carries severe consequences including state prison time, strike offense classification under California’s Three Strikes law, and substantial restitution obligations. A conviction under VC 23153 can alter the trajectory of your life in ways that standard DUI charges cannot.

Text of Vehicle Code 23153

California Vehicle Code Section 23153 contains two primary subdivisions:

(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.

legislature.ca.gov

Additional subdivisions extend these prohibitions to drug impairment (f), combined alcohol and drug influence (g), and commercial or for-hire drivers at the 0.04% threshold (d and e).

Elements the Prosecution Must Prove

A conviction under VC 23153 requires the prosecution to establish additional elements beyond those required for standard DUI.

Element 1 – Driving Under the Influence

The prosecution must prove the defendant was either under the influence of alcohol or drugs, or had a BAC of 0.08% or higher (0.04% for commercial drivers). This element mirrors the requirements of VC 23152.

Element 2 – Committed an Unlawful Act or Neglected a Legal Duty

The defendant must have done something illegal while driving (such as running a red light, speeding, or failing to yield) or failed to perform a legal duty (such as maintaining a proper lookout or keeping the vehicle under control).

This element distinguishes VC 23153 from standard DUI. Simply driving while impaired is not enough. The prosecution must identify a specific traffic violation or duty breach that contributed to the injury.

Element 3 – The Act or Neglect Caused Bodily Injury

The unlawful act or neglected duty must have proximately caused bodily injury to someone other than the driver. Proximate cause means the injury was a direct and natural consequence of the defendant’s conduct.

Bodily injury includes any physical harm, even if relatively minor. Bruises, cuts, sprains, and soreness can satisfy this element. The injury need not be serious or permanent.

Element 4 – The Injured Person Was Not the Driver

The statute specifically protects third parties. Injuries to the defendant themselves do not support VC 23153 charges. However, passengers in the defendant’s vehicle, occupants of other vehicles, pedestrians, and cyclists all qualify as potential victims.

Penalties for VC 23153 Violations

DUI causing injury is a wobbler offense in California, meaning prosecutors can charge it as either a misdemeanor or felony depending on circumstances.

Misdemeanor Penalties

  • County Jail: 5 days to 1 year
  • Fines: $390-$5,000 plus penalty assessments
  • License Suspension: 1-3 years
  • DUI School: 3-30 months
  • Probation: 3-5 years informal probation
  • Restitution: Full compensation to victims

Felony Penalties

First Felony DUI Injury

  • State Prison: 16 months, 2, or 3 years
  • Fines: $1,015-$5,000 plus assessments
  • License Revocation: 5 years
  • DUI School: 18-30 months
  • Strike Offense: Yes, if great bodily injury
  • Habitual Offender: Possible designation

With Priors or Aggravating Factors

  • State Prison: Up to 16 years with enhancements
  • Fines: $1,015-$5,000 plus assessments
  • License Revocation: Up to 5 years
  • DUI School: 30 months
  • Strike Offense: Yes
  • Habitual Offender: Likely designation

Sentence Enhancements

Several enhancements can dramatically increase prison time:

  • Great Bodily Injury Enhancement (PC 12022.7): Adds 3-6 years for causing great bodily injury, defined as significant or substantial physical injury beyond minor harm.
  • Multiple Victim Enhancement (VC 23558): Adds 1 year for each additional victim, up to 3 years.
  • Prior DUI Conviction Enhancement: Each prior DUI within 10 years can add additional years to the sentence.
  • Excessive Speed Enhancement: Driving 30+ mph over the limit or 20+ mph over on surface streets adds additional penalties.

Strike Offense Consequences

When VC 23153 involves great bodily injury, it qualifies as a strike under California’s Three Strikes law. This means the conviction counts against you for future sentencing. A second strike doubles the sentence for any subsequent felony. A third strike can result in 25 years to life imprisonment.

Felony vs. Misdemeanor Charging Decisions

Prosecutors consider multiple factors when deciding whether to charge VC 23153 as a felony:

  • Severity of injuries is the primary consideration. Minor injuries like bruises or scrapes may result in misdemeanor charges, while broken bones, head injuries, or permanent impairment typically warrant felony prosecution.
  • Prior DUI history significantly influences charging decisions. Even with minor injuries, a defendant with prior DUI convictions will likely face felony charges.
  • BAC level matters. Extremely high BAC readings suggest greater culpability and support felony charging.
  • Aggravating circumstances such as excessive speed, reckless driving behavior, or fleeing the scene push cases toward felony treatment.

Defenses to VC 23153 Charges

Because VC 23153 requires proving additional elements beyond standard DUI, more defense avenues exist.

Challenging the Unlawful Act Element

The prosecution must prove a specific traffic violation or duty breach beyond merely driving while impaired. If no identifiable unlawful act or neglect caused the collision, VC 23153 charges may fail. This could result in reduction to standard DUI charges under VC 23152.

Challenging Causation

Even if the defendant was impaired and committed a traffic violation, the defense may argue those factors did not actually cause the injuries. If another driver’s negligence, a mechanical failure, or unavoidable road conditions caused the accident, the causation element fails.

Challenging Impairment

All defenses available for standard DUI apply to VC 23153 as well. These include challenging BAC accuracy, rising blood alcohol, improper testing procedures, and unlawful traffic stops.

Challenging Injury Evidence

The defense may contest whether actual bodily injury occurred. Claimed injuries must be supported by medical evidence. Exaggerated or fabricated injury claims can be exposed through medical record review and expert testimony.

Third Party Fault

If another driver or pedestrian caused or contributed to the accident, comparative fault may reduce the defendant’s culpability. California allows apportionment of fault among multiple parties.

Civil Consequences

Beyond criminal penalties, VC 23153 convictions create significant civil liability exposure. Victims can pursue civil lawsuits for medical expenses, lost wages, pain and suffering, and other damages.

Criminal restitution orders require compensation for economic losses, but civil judgments can include non-economic damages potentially reaching hundreds of thousands of dollars. Auto insurance policy limits may prove insufficient, exposing personal assets to collection.

Victims of DUI causing injury may also be eligible for compensation through California’s Victim Compensation Board.

Related Statutes

  • VC 23152 – Standard DUI without injury
  • PC 191.5 – Gross vehicular manslaughter while intoxicated, charged when DUI causes death
  • PC 187 – Second-degree murder (Watson murder), charged for DUI deaths when defendant had prior DUI with Watson advisement
  • VC 20001 – Hit and run causing injury, often charged alongside VC 23153 when defendant fled the scene

Contact a California DUI Defense Attorney

DUI causing injury charges demand immediate, aggressive legal representation. The potential for felony conviction, state prison, and strike offense status makes these cases among the most serious in criminal court.

KN Law Firm has experience defending clients against felony DUI charges throughout Los Angeles County. Contact us at (888) 950-0011 for a free consultation to discuss your case and begin building your defense.

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