A standard DUI is filed under Vehicle Code 23152. The moment someone other than the driver is hurt, the prosecutor can file instead under Vehicle Code 23153, DUI causing injury. It is a different and far more serious charge, and the difference reshapes the entire case. I am Joel Brand, and here is how 23153 works, what you are facing, and where these cases can be defended.

The extra elements the prosecution must prove

Section 23153 has the same core element as an ordinary DUI: the prosecution must show you drove while impaired or with a blood alcohol concentration of 0.08 percent or more. On top of that, the state must prove two additional things. First, that you committed some separate act that violated the law or neglected a legal duty while driving, often a distinct traffic violation such as an unsafe lane change, speeding, or running a light. Second, that this act caused bodily injury to another person. Both the impairment and the separate negligent act have to be present, and the injury has to flow from them. That extra causation requirement is frequently the weakest link in the state's case.

Misdemeanor or felony: the wobbler question

DUI causing injury is a wobbler, meaning it can be charged either as a misdemeanor or as a felony. The prosecutor decides based on the seriousness of the injuries, your driving record, your blood alcohol level, and the facts of the collision. A minor soft-tissue injury involving a first-time driver looks very different to a prosecutor than multiple victims with broken bones. Part of my job early in a case is steering the charging decision toward the misdemeanor end wherever the facts allow.

Misdemeanor penalties

As a misdemeanor, a 23153 conviction can carry county jail, a longer DUI program (often 18 or 30 months), a license suspension, probation, and restitution to the injured party. Even at the misdemeanor level the consequences are heavier than a standard DUI, and the injury makes the case harder to negotiate down.

Felony penalties and prison exposure

As a felony, the exposure rises to state prison, typically 16 months, two years, or three years for the base offense, with additional time available through enhancements. A felony conviction also brings the collateral consequences a misdemeanor does not: firearm restrictions, immigration consequences, and professional-licensing fallout. See when a DUI is charged as a felony.

The enhancements that often matter more than the base charge

The charge itself is serious, but the enhancements frequently drive the sentence. Under Penal Code 12022.7, a great bodily injury finding can add years to a felony sentence, and a GBI finding can count as a strike under California's Three Strikes law, with consequences that reach far beyond this single case. There is also an enhancement for each additional victim injured. Scrutinizing whether the injury truly rises to "great bodily injury," and whether the prosecution can actually prove your driving caused it, is one of the most important parts of the defense.

Causation is usually the battleground

Because 23153 requires the state to connect your conduct to the injury, causation is often the strongest area of defense. That link is not always as clean as the police report suggests. The other driver's own conduct, the road and weather conditions, mechanical issues, and the precise sequence of events all matter, and an accident-reconstruction analysis frequently tells a different story than the responding officer's first impression.

Attacking the chemical and field evidence

The impairment side of a 23153 case is challenged the same way it is in any DUI: through the legality of the stop, the field sobriety testing, and the breath or blood evidence, including rising BAC and calibration problems. The severity of the injury, which determines whether enhancements apply, is also contested with medical records rather than accepted at face value.

Reducing the charge and the sentence

In many injury cases the realistic goal is to reduce a felony to a misdemeanor under Penal Code 17(b), to defeat the great bodily injury enhancement, or to resolve the matter in a way that avoids prison and a strike. Mitigation, restitution, and early, aggressive defense work all influence where the case lands. The difference between the best and worst outcome here is measured in years.

Restitution and the civil side

A 23153 case carries a financial dimension a standard DUI does not. As part of a criminal resolution you can be ordered to pay restitution to the injured person for medical bills, lost wages, and property damage. Separately, the injured party may bring a civil lawsuit, and the criminal outcome can influence that case. Coordinating the criminal defense with an eye toward the civil exposure matters, and it is something I keep in view from the beginning rather than treating the criminal case in isolation. See restitution in DUI cases.

Common questions about DUI causing injury

Clients facing a 23153 charge most often ask whether it will be a felony and whether prison is likely. Because it is a wobbler, the answer is not fixed: the severity of the injury, your record, and the strength of the causation evidence all drive it, and a vigorous early defense can keep the case at the misdemeanor end or avoid custody. The other frequent question is whether the injured person's own fault matters. It can matter a great deal, because the prosecution must prove your conduct caused the injury, and shared or sole fault by the other party undercuts that. These are the questions I answer after reviewing the reports and the reconstruction.

Charged under VC 23153? Let's move fast.

A 23153 case moves faster and carries more weight than a standard DUI, and the early decisions shape everything that follows. Every case turns on its specific facts, and the difference between the best and worst outcome is usually decided in the first weeks. I have built my entire practice around California DUI defense. Use the free written case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24 hours a day, 7 days a week, and the first conversation is free and confidential.