--- title: "Vehicle Code 23153 VC - DUI Causing Injury" description: "California Vehicle Code 23153 makes DUI causing injury a wobbler offense with penalties up to 4 years in prison. Learn the elements, penalties, and defenses." url: "https://www.thehfirm.com/penal-codes/vehicle-code-23153-vc-dui-causing-injury" site: "H Law Group" --- # Vehicle Code 23153 VC - DUI Causing Injury California Vehicle Code 23153 makes DUI causing injury a wobbler offense with penalties up to 4 years in prison. Learn the elements, penalties, and defenses. Topics: DUI ## **California Vehicle Code 23153: DUI Causing Injury** Driving under the influence is a serious offense in California under any circumstance, but when that conduct results in harm to another person, the law treats it with considerably more weight. California Vehicle Code Section 23153 governs what is commonly known as "DUI causing injury," and it carries consequences that go well beyond those of a standard DUI charge. This article explains what the law says, how prosecutors prove the charge, what penalties are on the table, and what defenses commonly arise in these cases. ## **What the Law Says** Vehicle Code 23153 is written in two parts, each targeting a different way of establishing impairment: > **Subsection (a)** makes it unlawful for a person, while under the influence of an alcoholic beverage, to drive a vehicle and simultaneously commit an act forbidden by law, or neglect a legal duty while driving, where that act or neglect causes bodily injury to someone other than the driver. > **Subsection (b)** applies the same standard to a driver with a blood alcohol concentration (BAC) of 0.08 percent or higher. In practice, "under the influence" under this statute is not limited to alcohol. It also covers impairment from marijuana and other drugs. So long as the prosecution can establish impairment, or a BAC at or above the legal limit, along with an injury resulting from the driver's conduct, the elements of the offense are in play. ## **How Prosecutors Prove the Charge** A conviction under VC 23153 requires the prosecution to establish each of the following beyond a reasonable doubt: - The defendant was driving a vehicle. - The defendant was under the influence of alcohol, marijuana, or another drug, or had a BAC of 0.08 percent or more. - The defendant was negligent or violated a law while driving. - That negligence or violation caused injury to another person. The third and fourth elements are often where these cases are won or lost. It is not enough for the prosecution to show that a person was impaired and that someone was injured in an accident involving them. There has to be a causal link between some form of negligent driving or a legal violation and the resulting injury. Consider a driver leaving a party after drinking who is speeding, fails to notice traffic slowing ahead, and rear-ends the car in front of them, injuring the other driver. Here, the speeding constitutes the underlying violation, and it directly caused the collision and the resulting injury. That combination of impairment, a traffic violation, and a resulting injury is the pattern the statute is built around. ## **Misdemeanor or Felony: How the Charge Is Decided** VC 23153 is what California law calls a "wobbler," meaning prosecutors have discretion to file it as either a misdemeanor or a felony. Several factors typically influence that decision: - The specific facts and circumstances of the incident - The defendant's prior DUI history (a third DUI conviction involving injury is automatically charged as a felony) - The defendant's broader criminal record - The severity of the injury inflicted on the victim ## **Penalties Upon Conviction** The consequences of a conviction differ substantially depending on whether the offense is charged and resolved as a misdemeanor or a felony. **Misdemeanor DUI Causing Injury** may result in: - Up to 12 months in county jail, with a mandatory minimum of five days - A fine of up to $5,000 - Completion of a DUI education program lasting three, nine, eighteen, or thirty months - Restitution paid to the victim - Summary probation for three to five years - A driver's license suspension of one to three years **Felony DUI Causing Injury** may result in: - Two, three, or four years in California State Prison - A fine of up to $5,000 - Completion of an eighteen- or thirty-month DUI education program - Restitution paid to the victim - Formal felony probation - Designation as a Habitual Traffic Offender (HTO) - A five-year revocation of the defendant's driver's license ## **Common Defenses** Because a VC 23153 charge rests on several distinct elements, there are a number of angles from which a defense can be built. Some of the more common arguments include: - The defendant was not actually under the influence of alcohol, drugs, or marijuana at the time of driving - The defendant's BAC was below the 0.08 percent threshold - The arresting officer's observations of impairment have an innocent, non-intoxication-related explanation - Evidence was obtained through an unlawful search or seizure - The accident resulted from factors other than negligence or a legal violation, such as poor road conditions or severe weather Where these defenses hold up, they can lead to a dismissal of charges or a negotiated plea to a lesser offense, such as a standard DUI without an injury element. ## **Related Offenses** VC 23153 does not exist in isolation. It is closely related to, and sometimes charged alongside or instead of, the following offenses: - [**Vehicular Manslaughter While Intoxicated**](/penal-codes/pc-191-5-gross-vehicular-manslaughter-while-intoxicated-wat)[ - Penal Code Section 191.5](/penal-codes/pc-191-5-gross-vehicular-manslaughter-while-intoxicated-wat) - [**Felony Hit and Run Involving Injury or Death**](/penal-codes/vc-20001-20002-hit-and-run-injury-property-damage)[ - Vehicle Code Section 20001](/penal-codes/vc-20001-20002-hit-and-run-injury-property-damage) - **Driving Under the Influence of Alcohol** - Vehicle Code Section 23152(a) - [**Driving with a BAC of 0.08 Percent or More**](/penal-codes/vehicle-code-23152-b-driving-with-bac-0-08-percent-or-higher)[ - Vehicle Code Section 23152(b)](/penal-codes/vehicle-code-23152-b-driving-with-bac-0-08-percent-or-higher) - **Driving Under the Influence of Drugs** - Vehicle Code Section 23152(f) ## **Frequently Asked Questions** ### Is DUI causing injury always a felony in California? No. VC 23153 is a wobbler, so prosecutors can file it as a misdemeanor or a felony. The decision usually turns on the defendant's DUI history, the severity of the injury, and the facts of the incident. A third DUI-with-injury conviction, or one involving a prior felony DUI, is far more likely to be charged as a felony. ### What is the mandatory minimum jail time for a misdemeanor conviction? A misdemeanor conviction carries a mandatory minimum of five days in county jail, up to a maximum of one year. ### Can a VC 23153 charge be reduced to a standard DUI? Sometimes. If the evidence connecting the injury to the defendant's negligence or a traffic violation is weak, a negotiated plea to a standard DUI under VC 23152 without the injury enhancement is possible. This depends on the specific facts and the strength of the defense. ### Does the injured person have to be a passenger in the defendant's car? No. The injured person can be a passenger, an occupant of another vehicle, a pedestrian, or a cyclist. The statute only requires that the driver's impairment and resulting negligence or violation caused injury to someone other than the driver. ## **Final Thoughts** A [DUI causing injury](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23153.&lawCode=VEH) charge is among the more serious traffic-related offenses in California, carrying the possibility of state prison time, a lengthy license revocation, and a lasting mark on one's criminal record. Understanding how the statute is structured, what prosecutors must prove, and where legitimate defenses may exist is an important first step for anyone facing this type of charge or simply trying to understand how California law treats impaired driving that results in harm to others. ## Related California penal codes - [California Vehicle Code 23152(a) - DUI of Alcohol: Laws, Penalties & Defenses](https://www.thehfirm.com/penal-codes/vehicle-code-23152-a-driving-under-the-influence) - [California Vehicle Code 23152(b) - Driving with BAC 0.08% or Higher: DUI Per Se Law](https://www.thehfirm.com/penal-codes/vehicle-code-23152-b-driving-with-bac-0-08-percent-or-higher) - [PC 191.5 - Gross Vehicular Manslaughter While Intoxicated](https://www.thehfirm.com/penal-codes/pc-191-5-gross-vehicular-manslaughter-while-intoxicated-wat) --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd Ste, 803, Los Angeles, CA 90015 -- (213) 985-4431 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 716-0968 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 869-6572 - Orange County Branch: 2030 Main St, # 1300, Irvine, CA 92614 -- (949) 832-8057 - Riverside County Office: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 418-3576 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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