DUI Causing Injury | California Vehicle Code 23153

Have you ever heard someone say, “It was just a DUI… but then someone got hurt… now it’s a felony?”

In California, that situation falls under Vehicle Code 23153 – DUI Causing Injury. This is where a DUI case becomes much more serious, much more complicated, and the consequences can be life-changing.

If you or someone you know is facing a DUI Causing Injury charge, this article will explain:

• What DUI Causing Injury is under Vehicle Code 23153
• What the prosecutor must prove
• The penalties for DUI Causing Injury
• Possible defenses to DUI Causing Injury charges

This guide, written by the Kolacia Law Firm, is based on real courtroom experience handling DUI cases as both a former prosecutor and a criminal defense attorney.

What Is DUI Causing Injury Under Vehicle Code 23153?

Vehicle Code 23153 is the California law that makes it illegal to drive under the influence of alcohol or drugs and cause injury to another person.

This is different from a regular DUI under Vehicle Code 23152, which is usually a misdemeanor. A DUI Causing Injury case can be filed as a felony, and that means possible prison time.

The injury does not have to be severe. Under California law, an injury can include:

• Whiplash
• Bruising
• Cuts
• Pain
• Any physical injury

The injured person could be:

• Another driver
• A passenger in another vehicle
• A pedestrian
• A bicyclist
• Even a passenger in your own car

If police and prosecutors believe:

1. You were driving under the influence
2. You caused an accident
3. Someone was injured

Then the case can be charged as DUI Causing Injury under Vehicle Code 23153.

What Must the Prosecutor Prove for DUI Causing Injury?

To convict someone of DUI Causing Injury, the prosecutor must prove four things beyond a reasonable doubt:

1. You Were Driving a Vehicle

In California, driving means you had control of the vehicle and the vehicle must move, even slightly. Even a small amount of movement can qualify as driving under the law.

2. You Were Under the Influence While Driving

The prosecutor can prove this in two ways:

• You were impaired by alcohol or drugs
• Your blood alcohol concentration (BAC) was 0.08% or higher

They may use:

• Driving pattern
• Field sobriety tests
• Breath test
• Blood test
• Officer observations

3. You Committed a Traffic Violation or Acted Negligently

This is a very important part of a Vehicle Code 23153 case. The prosecutor must show that you did something wrong while driving, such as:

• Speeding
• Running a red light
• Unsafe turn
• Following too closely
• Driving negligently

If the prosecutor is alleging you drove in a negligent way, then they will try to prove you drove a vehicle in a without the same care and caution as a safe driver under similar circumstances.

4. Your Actions Caused Someone to Be Injured

The injury must be the result of the accident caused by the DUI or negligent driving.

If the prosecutor cannot prove all four of these elements, then you are not guilty of DUI Causing Injury.

In many cases, the key issue becomes: Who caused the accident?

What are the Penalties for DUI Causing Injury in California?

The penalties for DUI Causing Injury under Vehicle Code 23153 are much more serious than a regular DUI.

DUI Causing Injury is considered a wobbler offense.  Which means the District Attorney can file the case as either a Felony or a Misdemeanor.

The penalties you will face for DUI Causing Injury will depend if you are found guilty of a felony or misdemeanor DUI Causing Injury.

If Charged as a Misdemeanor:

• Up to 1 year in jail
• Fines from $2,000 to $10,000
• DUI classes
• 3 to 5 years probation
• License suspension
• Restitution to the injured person
• Ignition interlock device

If Charged as a Felony:

• 16 months to 3 years in prison
• Formal probation
• Large restitution payments
• License suspension
• Permanent felony record

Great Bodily Injury Enhancement

If someone suffers Great Bodily Injury (serious injury such as broken bones or injuries requiring stitches), the penalties increase significantly and the case can become a strike offense under California law. Prison sentences can increase dramatically in these cases.

This is why DUI Causing Injury is considered one of the most serious DUI charges in California.

Common Defenses to DUI Causing Injury

Just because there was an accident and someone was injured does not automatically mean you are guilty of Vehicle Code 23153.

Common defenses include:

• You were not under the influence
• You did not cause the accident
• The injury was not caused by the accident
• The police investigation was incomplete
• Breath or blood test was inaccurate

Many DUI Causing Injury cases are actually accident cases, and the most important question becomes who caused the crash.

Is DUI Causing Injury Serious?

Yes. DUI Causing Injury under Vehicle Code 23153 is extremely serious because it can result in:

• Jail or prison
• A felony record
• A strike on your record
• License suspension
• Large restitution payments

These cases involve DUI law, accident investigation, and injury claims all in one case. They are some of the most complex cases handled in criminal court.

Final Thoughts on DUI Causing Injury and Vehicle Code 23153

If you are facing a DUI Causing Injury charge, you are not just facing a DUI — you are facing a case that involves accident reconstruction, scientific evidence, and serious legal consequences.

Understanding Vehicle Code 23153, the penalties, and the defenses can make a major difference in your case.

If you or someone you know is facing DUI Causing Injury, it is critical to speak with an experienced DUI defense attorney as soon as possible to protect your rights, your license, and your future.

At Kolacia Law, attorney Daniel Kolacia, has years of experience handling these type of cases.  He was the founder of the Riverside Vehicular Homicide Unit, won MADD Prosecutor of the Year award, and still attends trainings and seminars on Driving Under the Influence Defenses all over the country.

If you or someone you know are facing Driving Under the Influence Causing Injury charges call Kolacia Law for a free consultation.