What Is DUI with Injury?
DUI with injury under California Vehicle Code 23153 is one of the most serious DUI-related charges. It applies when a person drives under the influence of alcohol or drugs and, while doing so, commits a negligent act or traffic violation that causes bodily injury to another person. Unlike a standard DUI, this charge involves an actual victim — making prosecutors far more aggressive in pursuing felony convictions and significant prison time.
If you have been charged with DUI causing injury in San Jose, San Francisco, Oakland, Sunnyvale, or anywhere in the Bay Area, the attorneys at RV Litigation Group PC are prepared to fight these charges. DUI injury cases are scientifically and legally complex, and our defense strategies target every element the prosecution must prove.
What the Law Says
Vehicle Code 23153(a) — DUI Causing Injury
"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." — California Vehicle Code Section 23153(a)
This subsection requires the prosecution to prove four elements: (1) you drove a vehicle; (2) you were under the influence of alcohol at the time; (3) while driving, you committed a traffic violation or negligent act; and (4) that act or negligence caused bodily injury to another person. The critical distinction from standard DUI is the additional act of negligence and the resulting injury.
Vehicle Code 23153(b) — BAC .08% or Higher Causing Injury
"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." — California Vehicle Code Section 23153(b)
This is the "per se" DUI with injury charge. While 23153(a) requires proof that you were impaired, 23153(b) requires only that your BAC was .08% or higher. Prosecutors often charge both subsections to give themselves two paths to conviction. The BAC reading from a breath or blood test is the key evidence, and challenging its accuracy is a core defense strategy.
Real-World Examples
These scenarios illustrate how DUI with injury charges commonly arise in the Bay Area:
A man leaves a restaurant in downtown San Jose after several drinks and rear-ends a stopped car at a red light. The other driver suffers whiplash and a concussion. A breathalyzer shows the man's BAC at .12%. He is charged with felony DUI with injury (VC 23153) because he was impaired, committed a negligent act (failing to stop), and caused injury.
A woman driving home from a party in San Francisco runs a stop sign and causes a three-car accident. Two people are hospitalized with broken bones. She is charged with felony DUI with injury with multiple victim enhancements — each injured victim adds an additional 1-year consecutive sentence under VC 23558.
A driver in Gilroy with a BAC of .15% drifts into oncoming traffic and hits a motorcyclist, causing a broken pelvis and internal bleeding. The great bodily injury (GBI) enhancement under PC 12022.7 adds 3-6 years to the sentence and makes this a strike offense under California's Three Strikes law.
A man in Palo Alto has two beers with dinner, drives home, and is involved in a minor fender-bender. By the time officers arrive and administer a breath test 45 minutes later, his BAC reads .09%. His attorney argues that his BAC was below .08% while he was actually driving and only rose above the limit during the delay — a classic rising BAC defense.
Penalties
DUI with injury is a wobbler, but felony charges are common. Sentencing enhancements can dramatically increase the prison time.
| Charge | Classification | Jail / Prison | Fine |
|---|---|---|---|
| DUI with Injury (VC 23153) — Misdemeanor | Misdemeanor | 5 days to 1 year county jail | $390–$5,000 |
| DUI with Injury (VC 23153) — Felony | Felony | 16 months, 2, 3, or 4 years state prison | $1,015–$5,000 |
| GBI Enhancement (PC 12022.7) | Add-on | Additional 3–6 years consecutive | — |
| Multiple Victims (VC 23558) | Add-on | Additional 1 year per victim | — |
| Prior DUI + Injury | Felony | 2–4 years state prison | Up to $5,000 |
Additional consequences: A DUI with injury conviction triggers mandatory license revocation (1-5 years), installation of an ignition interlock device (IID), completion of a DUI program (18-30 months), restitution to all victims for medical expenses and lost wages, and a permanent criminal record. If GBI is found, it becomes a strike on your record. Immigration consequences can include deportation for non-citizens.
Legal Defenses
DUI with injury cases are complex and present multiple opportunities for defense. Our attorneys challenge every element:
1. No Impairment / Challenge BAC Results
Breathalyzer and blood test results are not infallible. Machines can malfunction, samples can be contaminated, and testing procedures may not have been followed correctly. We retain forensic toxicologists to review the testing procedures, challenge the accuracy of the BAC reading, and present evidence that you were not actually impaired while driving.
2. Rising BAC Defense
Alcohol takes time to absorb into the bloodstream. If you had drinks shortly before driving, your BAC may have been below the legal limit while you were actually behind the wheel and only rose above .08% by the time the test was administered. We present expert testimony on alcohol absorption rates to support this defense.
3. Not at Fault for the Accident
VC 23153 requires that your negligent or unlawful act caused the injury. If the other driver caused the accident — by running a red light, making an illegal turn, or driving recklessly — your intoxication alone is not sufficient. We investigate the accident, review traffic camera footage, and reconstruct the collision to establish fault.
4. No Injury Causation
The prosecution must prove that the injuries were caused by the accident you caused. If the alleged victim had pre-existing injuries, exaggerated their symptoms, or the injuries resulted from a different cause, the causation element fails. We obtain medical records and expert opinions to challenge the injury claims.
5. Unlawful Traffic Stop
If the initial traffic stop was conducted without reasonable suspicion or probable cause, all evidence obtained as a result — including BAC results and field sobriety tests — may be suppressed. We file motions to suppress illegally obtained evidence, which can effectively dismantle the prosecution's case.
Frequently Asked Questions
Under Vehicle Code 23153, it is a crime to drive under the influence of alcohol or drugs and, while doing so, commit an act that causes bodily injury to another person. The charge combines impaired driving with a negligent or unlawful act that results in injury. It is more serious than a standard DUI because someone was physically harmed.
No. VC 23153 is a wobbler offense, meaning it can be charged as either a misdemeanor or felony. However, prosecutors frequently file felony charges, especially when injuries are serious, multiple victims are involved, or the defendant has prior DUI convictions. A felony conviction carries 16 months to 4 years in state prison, with additional years for GBI enhancements.
Under PC 12022.7, if you cause great bodily injury (GBI) — defined as significant or substantial physical injury beyond what is considered minor — an additional 3 to 6 years can be added to your sentence consecutively. GBI also makes the offense a strike under California's Three Strikes law.
Yes. A DUI with injury conviction results in a mandatory license revocation of at least 1 year for a first felony offense, and up to 5 years for repeat offenders. The DMV takes separate administrative action in addition to any court-imposed penalties. An IID (ignition interlock device) may be required to regain driving privileges.
If you were not the cause of the accident — even if you were under the influence — this is a strong defense. VC 23153 requires that you committed a negligent or unlawful act that caused the injury. If the other driver ran a red light and caused the collision, your intoxication alone may not satisfy the causation element.
