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DUI With Injury (VC 23153)
A DUI that causes injury to another person is a separate, more serious crime than ordinary DUI. The injury element changes everything — including potential prison time and civil liability.
Elements the prosecution must prove
- You drove a vehicle
- You were under the influence (BAC 0.08+ OR mentally/physically impaired)
- You committed an additional unlawful act or neglected a duty (e.g., speeding, red light, unsafe lane change)
- That act or neglect caused bodily injury to another person
The fourth element — proximate causation — is often the strongest defense. If the other driver, weather, or road condition caused the accident, the felony falls.
Misdemeanor vs. felony charging
Misdemeanor VC 23153
- Up to 1 year county jail
- Fines up to $5,000
- 3–5 years probation
- 9-month DUI school
- 1-year license suspension
- Restitution to victims
Felony VC 23153
- 16 months, 2 years, or 3 years state prison
- +3 year GBI enhancement (PC 12022.7) per seriously injured victim
- +1 year per additional victim (max 3 additional)
- Strike if GBI enhancement attaches
- Lifetime firearm ban
- 4-year license revocation
Defense strategies
Causation defense
Was the injury actually caused by the DUI, or by something else? Accident reconstruction experts can demonstrate that the injury would have occurred regardless of impairment.
Challenge the "additional act"
The prosecution must prove a specific traffic violation beyond the DUI itself. If they can\'t isolate it, the case may reduce to ordinary DUI.
Challenge the GBI enhancement
"Great bodily injury" is a specific legal standard. Soft tissue injuries, bruising, and short-term pain often don\'t qualify. A successful challenge removes 3 years from any sentence.
Negotiate to misdemeanor
Even when felony charges are filed, mitigating evidence (clean record, low BAC, full insurance coverage, restitution payments) can support reduction to misdemeanor.
Civil exposure
The injured party will likely sue. Most auto insurance policies cover negligence but exclude intentional conduct — gross intoxication can fall in a gray zone. Punitive damages are uninsurable. Coordinate criminal defense with civil counsel from day one.
If you\'re facing VC 23153 charges, contact our office immediately.
Frequently Asked Questions
What is California Vehicle Code 23153?
VC 23153 is California's "DUI causing injury" statute. It applies when someone drives under the influence (BAC 0.08+ or impaired) and proximately causes bodily injury to another person. It's a "wobbler" — chargeable as misdemeanor or felony.
Is DUI with injury always a felony in California?
No. VC 23153 is a wobbler. Misdemeanor charging is more common when injuries are minor (bruising, soft tissue), the defendant has no prior DUI, and the BAC is under 0.20%. Felony charging is more common with significant injuries, multiple victims, prior DUIs, or high BAC.
What is the great bodily injury (GBI) enhancement?
PC 12022.7 adds a 3-year sentence enhancement when the felony causes "great bodily injury" — a significant or substantial physical injury (not necessarily permanent). For multiple victims, additional 1-year enhancements per victim apply. GBI also makes the case a "strike" under Three Strikes law.
Can I be sued in addition to criminal prosecution?
Yes. The injured party (or their insurance carrier) can file civil personal injury claims for medical bills, lost wages, pain and suffering, and punitive damages. A criminal DUI conviction is admissible in the civil case. Civil and criminal proceedings run in parallel.
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