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    DUI Defense Division

    § 23153(a) VC – “DUI Causing Injury” – California Law

    DUI Causing Injury -- 4 Factors that Could Lead to a Longer Prison Sentence

    Vehicle Code § 23153 VC sets forth the California crime of DUI causing injury. You commit this offense if you

    1. drive a motor vehicle while under the influence of alcohol and/or drugs, and
    2. while doing so, cause an accident in which another person is injured.

    Drunk driving causing injury can lead to misdemeanor or felony charges punishable by a prison sentence of up to four years.

    In this article, we will quote the full language of the code section, and then provide legal analysis. The code section states that

    23153. (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.

    In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

    (c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.

    (d) It is unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210 and concurrently to 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. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.

    (e) Commencing July 1, 2018, it shall be unlawful for a person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense, and concurrently to 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. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.

    (f) It is unlawful for a person, while under the influence of any drug, 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.

    (g) It is unlawful for a person, while under the combined influence of any alcoholic beverage and drug, 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.

    Examples of DUI Causing Injury

    Our California criminal defense attorneys and DUI attorneys will highlight the following in this article:

    A car accident involving injuries.

    Vehicle Code 23153 VC defines the crime of DUI causing injury.

    1. Elements of the Crime

    Per California law, prosecutors must prove the following elements of the jury instructions, beyond a reasonable doubt, to successfully convict you of DUI causing injury:

    1. you drove a vehicle,1
    2. when you drove, you were under the influence of alcohol, drugs, or both,2
    3. while driving, you committed an illegal act or neglected to perform a legal duty, and
    4. your illegal act or failure to perform a legal duty caused bodily injury to another person.3

    Guilt under VC 23153 requires you to have either:

    1. violated some law or committed some illegal act (for example, running a red light), or
    2. acted negligently or failed to use ordinary care under the circumstances.4

    Using “ordinary care” means using reasonable care to prevent reasonably foreseeable harm to someone else.5 Further, you fail to exercise ordinary care if you:

    1. do something that a reasonably careful person would not do in the same situation, or
    2. fail to do something that a reasonably careful person would do in the same situation.6

    Example: John leaves a bar after having a pitcher of beer and two shots of hard alcohol. He gets in his car and starts to drive home. John soon grows annoyed with a slow driver in front of him.

    As the two cars approach an intersection, John hits the gas and tries to pass the driver in front by driving on the right shoulder of the road. The driver, though, crashes into the side of John’s car as he attempts to make a legal right-hand turn. The motorist is injured in the accident.

    Here, John is likely guilty of DUI with injury. He drove a vehicle while under the influence and he also drove without exercising reasonable care under the circumstances. As to the latter, a reasonably careful driver would not attempt to pass a car by traveling at excessive speed at an intersection.

    2. Defenses

    Here at Shouse Law Group, we have represented literally thousands of people charged with DUI causing injury. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting these charges dismissed or reduced.

    You Were Not Under the Influence

    Perhaps you had a medical condition such as GERD that caused the breathalyzer to show a falsely high BAC result. Or perhaps you were having a medical episode – such as a diabetic coma – that the police officer mistook as intoxication.

    If we can show that you were not under the influence at the time of the accident, your DUI with injury charge should be dropped. Typical evidence we rely on includes your medical records and medical expert testimony.

    There Was No Injury

    It is not unusual for victims in car crashes to fake injuries just to get the driver in more trouble. In these cases, we would also rely on medical records as evidence that the victim endured no physical injury.

    Once prosecutors see that no one was hurt, your charge should be reduced to a straight DUI.

    You Committed No Illegal Act

    After a crash, victims are quick to lay blame and accuse you of violating a traffic law. However, sometimes crashes result from innocent accidents where no law was broken. As Los Angeles DUI defense attorney John Murray explains,

    “This is why Vehicle Code 23153 charges are frequently reduced to Vehicle Code 23152 VC charges. It is often difficult for the prosecution to prove that it was your negligence that caused the other person’s injury, rather than the alleged fact that you were simply under the influence.”

    To prove you did nothing wrong, we rely on traffic surveillance footage, GPS records, and eyewitness accounts. We can also hire an accident reconstruction expert to testify that the crash scene indicates you were not at fault.

    Man being led by police officer.

    A violation of Vehicle Code 23153 VC can result in a felony conviction.

    3. Penalties

    A violation of Vehicle Code 23153 is a wobbler offense, meaning that a prosecutor can file DUI with injury charges as either misdemeanors or felonies. The chart below illustrates the possible sentences.

    DUI with Injury Penalties in California
    As a misdemeanor
    As a felony
    • up to 4 years in state prison,
    • a “strike” on your record pursuant to California’s Three Strikes Law if anyone other than yourself suffers great bodily injury,
    • up to $5,000,
    • DUI school,
    • Habitual Traffic Offender (HTO) status for 3 years, and
    • a driver’s license suspension for up to 5 years.8

    4. Related Offenses

    Vehicular Manslaughter While Intoxicated – PC 191.5

    Under Penal Code 191.5, vehicular manslaughter while intoxicated is where you:

    1. cause an accident in which another person is killed, and
    2. do so while under the influence of alcohol and/or drugs and driving with gross negligence.

    Unlike with violations of VC 23153, violations of this statute are always charged as felonies.

    Felony Hit and Run Involving Injury or Death – VC 20001

    Under Vehicle Code 20001, felony hit and run involving injury or death is fleeing the scene of a car accident in which another person has been injured or killed.

    Note that unlike DUI causing injury charges, you can get charged with this offense even if you were not under the influence of alcohol and/or drugs.

    Child Endangerment – PC 273a

    Per Penal Code 273a, child endangerment is willfully exposing a child under the age of 18 to unjustifiable pain, suffering, or danger.

    As with the crime of DUI with injury, a prosecutor can charge child endangerment as either a misdemeanor or a felony depending on the facts of the case.

    Additional Resources

    If you are struggling with alcoholism or substance abuse addiction, you can find help here:

    Legal References:

    1. CALCRIM No. 2100 – Driving a Vehicle Under the Influence Causing Injury, Judicial Council of California Criminal Jury Instructions (2020 edition). See also People v. Minor (1994) 28 Cal.App.4th 431. See also People v. Machuca (Cal. App. 5th Dist. 2020) 49 Cal. App. 5th 393.
    2. California Vehicle Code 23153 VC.
    3. CALCRIM No. 2100. See also People v. Schoonover (1970) 5 Cal.App.3d 101; People v. Roder (1983) 33 Cal.3d 491; People v. Wood (1989) 207 Cal.App.3d Supp. 11; and, People v. Enriquez (1996) 42 Cal.App.4th 661.
    4. CALCRIM No. 2100.
    5. See, for example, People v. Rodriguez (1960) 186 Cal.App.2d 433; and, People v. Oyaas (1985) 173 Cal.App.3d 663.
    6. See same. See also People v. Minor, supra; and, People v. Ellis (1999) 69 Cal.App.4th 1334.
    7. See, for example, California Vehicle Code 23556 VC. See also Tellez v. Superior Court (Cal. App. 4th Dist. 2020) 56 Cal. App. 5th 439.
    8. See same. People v. Schulz (Cal. App. 5th Dist. 2021) 66 Cal. App. 5th 887.

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