California Vehicle Code 23153 VC – DUI Causing Injury

Overview

Vehicle Code 23153 VC makes it a felony to drive under the influence of alcohol or drugs and cause injury to another person as a result. Even a minor collision can escalate a regular DUI into a serious felony charge.

If you’re facing a DUI with injury allegation, you need more than damage control—you need a strategy. At Jones Trial Attorneys, we use expert testimony, accident reconstruction, and aggressive negotiation to protect your record, your license, and your freedom.

Legal Definition

VC § 23153(a) states:

“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… which causes bodily injury to any person other than the driver.”

Similarly, VC § 23153(b) covers:

Driving with a blood alcohol content (BAC) of 0.08% or more and causing injury.

Elements of the Crime

To convict someone of DUI causing injury under VC 23153, the prosecution must prove:

1. You drove a vehicle;

2. You were under the influence of alcohol, drugs, or both;

3. While driving, you committed an additional unlawful act or neglect of duty (e.g., speeding, running a red light);

4. As a result, another person suffered bodily injury.

Penalties for DUI Causing Injury

First Offense – Felony or Misdemeanor (Wobbler)

Misdemeanor Penalties

• Up to 1 year in county jail

• DUI school (3–18 months)

• Fines up to $5,000

• Restitution to the injured party

• License suspension (usually 1–3 years)

Felony Penalties

• 16 months, 2, or 3 years in state prison

• Additional 1–3 years if more than one person was injured

• Strike under California’s Three Strikes law (if great bodily injury enhancement applies)

• Habitual Traffic Offender designation

• License suspension for up to 5 years

If anyone suffers great bodily injury, sentencing enhancements apply under PC 12022.7.

Defenses to VC 23153 Charges

We’ve successfully defended DUI injury charges by dissecting both the driving and injury aspects. Common defenses include:

• No causation – The accident or injury wasn’t caused by your driving

• Rising BAC – Your BAC rose after you were stopped—not while driving

• Faulty testing – Breath or blood tests were improperly administered or stored

• No injury – The alleged “injury” was minor or unsubstantiated

• Violation of your rights – Traffic stop or arrest was unlawful

We often seek reductions to simple DUI (VC 23152) or dismissals through pretrial litigation.

Immigration and Employment Consequences

A felony DUI with injury can affect:

• Immigration status (especially if enhancements are added)

• Professional licenses (nurses, teachers, CDL holders)

• Employment in healthcare, law enforcement, and transportation

We’ll develop a resolution plan that protects both your freedom and your livelihood.

Related Offenses

• VC 23152 – Standard DUI

Charged when no injuries occur

• PC 191.5 – Vehicular Manslaughter

Charged if the victim dies

• VC 14601 – Driving on a Suspended License

Common secondary charge in DUI injury cases

How Jones Trial Attorneys Can Help

A DUI injury case is a battle on multiple fronts—scientific evidence, witness statements, and insurance claims. We challenge each piece of the state’s case and bring in experts to build yours.

Whether we’re negotiating with prosecutors or presenting to a jury, our goal is simple: protect your future.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a DUI Defense Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.