DUI causing injury is one of the most serious criminal charges a driver can face in California. It goes far beyond a standard DUI because it involves bodily injury to another person. According to NHTSA, about 30% of all traffic fatalities in the United States involve drunk drivers, and California ranks among the top states for DUI-related injury crashes. Under California Vehicle Code 23153, driving under the influence and causing bodily injury is a "wobbler" offense, meaning the district attorney can charge it as either a misdemeanor or a felony. A felony DUI causing injury can result in state prison time, a strike on your record, and restitution to every injured party.
At Perlman & Cohen Los Angeles Criminal Lawyers, we have deep experience defending DUI with injury cases across Los Angeles County. We fight these charges at every stage, from the arrest to the courtroom. Here is what you need to know about the law, the penalties, and the defense strategies that can protect your future.
California Vehicle Code Section 23153 defines DUI causing injury in two parts. Under VC 23153(a), it is unlawful for any 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, which act or neglect proximately causes bodily injury to any person other than the driver. Under VC 23153(b), it is unlawful for a person with 0.08% or more by weight of alcohol in his or her blood to drive a motor vehicle and commit an illegal act or neglect a legal duty that causes bodily injury.
The legal meaning of "bodily injury" is broad under California law. Any physical harm counts, no matter how minor. Bruises, soreness, cuts, and sprains all qualify as bodily injury. The injured party can be a passenger, another driver, a pedestrian, or a cyclist involved in the car accident.
The prosecution must prove more than just impairment. They must show that the defendant committed an additional negligent act or violated a traffic law while driving under the influence. This "concurrent act" requirement is what separates Vehicle Code 23153 from a standard DUI under Vehicle Code 23152. This charge also applies when the driver operated the motor vehicle under the combined influence of alcohol and drugs.
We challenge each element of the prosecution's case in every injury DUI we handle. From impairment evidence to the causation link, every detail matters. If the prosecution cannot prove beyond a reasonable doubt that your unlawful act caused the bodily injury, the DUI causing injury charge should not stand.
DUI causing injury is a "wobbler" under California law. The district attorney has the discretion to file it as either a misdemeanor or a felony DUI, depending on the circumstances. The decision depends on many factors, and the consequences differ at each level.
Several factors drive the decision toward a felony filing. The district attorney considers the severity of the injuries, the defendant's blood alcohol concentration, the number of victims, and any prior DUI convictions. If you have prior DUI convictions on your record, prosecutors will almost always pursue a felony charge.
Felony DUI causing injury under Vehicle Code Section 23153 is a strike offense under California's Three Strikes Law. The base term is 2, 3, or 4 years in state prison. The court adds a consecutive one-year sentence for each additional person who suffered an injury. If any victim suffers great bodily injury, the sentence enhancement under PC 12022.7 adds a consecutive 3 to 6 years.
The court also orders restitution to all injured victims for medical bills, lost wages, and pain and suffering. A felony conviction strips your driving privileges, labels you a habitual traffic offender, and can end careers. The long-term consequences of a felony DUI conviction touch every area of your life, from employment to housing to civil rights.
Prosecutors may file a misdemeanor DUI causing injury when the injuries are minor, the defendant is a first-time offender, the blood alcohol content was low, and the defendant cooperated with the police officer. Even as a misdemeanor, this criminal offense carries penalties far harsher than a standard DUI.
Misdemeanor DUI causing injury penalties include up to one year in county jail, fines between $390 and $5,000, and 3 to 5 years of informal probation. The court also orders mandatory DUI school, which can last 3, 9, or 18 months depending on the circumstances. A license suspension of at least one year follows a misdemeanor DUI conviction under this vehicle code section.
Restitution obligations remain even for misdemeanor offenses. You must pay for the injured party's medical expenses and other losses. A misdemeanor DUI with injury is a serious offense that stays on your criminal record and affects your driver's license, your insurance, and your future.
California DUI laws impose additional sentence enhancements when certain aggravating factors are present. These enhancements can add years to a prison sentence. A felony DUI conviction with enhancements can result in a decade or more behind bars.
"Great bodily injury" under PC 12022.7 means significant or substantial physical injury beyond what is typical for the offense. Broken bones, concussions, permanent disfigurement, and injuries that require surgery all qualify. The California Criminal Jury Instructions (CALCRIM 3160) guide the jury on how to evaluate whether an injury rises to this level.
The great bodily injury enhancement adds a consecutive 3 to 6 years to the prison sentence. The multiple victim enhancement adds one additional year in state prison for each additional person injured, with no cap. For example, a felony DUI causing injury to three people with great bodily injury could result in 10 or more years in state prison.
Great bodily injury also constitutes a strike under the Three Strikes Law. The prosecution's medical evidence and injury documentation are critical to proving this enhancement, and we challenge these records in every case we defend.
Fleeing the scene of a DUI injury accident adds a separate felony hit and run charge under VC 20001. A felony hit charge carries up to four years in state prison and additional fines. Prosecutors frequently stack this charge with DUI, causing injury, to pursue the maximum sentence.
A felony hit-and-run involving injury signals a consciousness of guilt to judges and juries. Courts view fleeing the scene as evidence that the driver knew they caused harm and chose to run. This combination often leads to probation denial and harsher sentences.
A DUI attorney can negotiate to address both charges as part of a broader defense strategy. We work to separate the charges and challenge the evidence behind each one. Reducing or dismissing the felony hit charge can change the entire outcome of the DUI causing injury case.
Penal Code 273a makes it a crime to place a child under 14 at risk of harm. When a minor was a passenger during a DUI, child endangerment charges apply on top of the DUI causing injury charge. These penalties stack, which means the total exposure increases.
Misdemeanor child endangerment carries up to one year in county jail. Felony child endangerment carries up to six years in state prison when the child was at risk of great bodily injury or death. Having a minor in the vehicle also triggers a sentencing enhancement under VC 23572, which adds 48 hours to 90 days per child.
We defend parents and caregivers facing these compounded criminal charges with care and precision. Child endangerment allegations raise the emotional stakes for everyone involved. Our goal is to protect your rights while pursuing the best possible outcome for your family.
Driving under the influence under California law means a person's mental or physical abilities are impaired to the degree that they can no longer drive with the caution of a sober person. This standard applies whether the impairment comes from an alcoholic beverage, drugs, or the combined influence of both. You can face DUI charges under VC 23153(a) even if your blood alcohol concentration is below .08%.
Drug DUIs carry the same weight as alcohol-related DUI charges. Prescription medications, marijuana, and illegal substances can all form the basis for a DUI causing injury charge. The combined influence of alcohol and drugs together falls under VC 23153(f), and prosecutors pursue these cases aggressively.
California law sets lower thresholds for certain drivers. Operators of a commercial motor vehicle face a legal limit of .04%, and drivers under 21 face a .01% threshold under the state's underage DUI zero-tolerance policy. The police officer proves impairment through officer observations, field sobriety tests, chemical test results, a breath test or blood test, and driving pattern evidence. We challenge the subjective nature of impairment evidence because many of these tests are unreliable and open to dispute.
A DUI causing injury charge is built on multiple legal elements. Each one can be challenged by an experienced defense attorney. A strong defense targets the weakest link in the prosecution's case and can lead to reduced charges or dismissal.
We use several key defense strategies in DUI causing injury cases:
We employ investigators, medical experts, and forensic specialists to build the strongest possible defense for every DUI case. Our team has made thousands of courtroom appearances across all Los Angeles County courts, and we bring that experience to every client we represent.
No. DUI influence causing injury under Vehicle Code 23153 is a "wobbler." Prosecutors decide based on injury severity, BAC level, and whether the defendant drove in a negligent manner.
The base term is 2 to 4 years in prison. Enhancements apply if injuries meet standards defined in California Criminal Jury Instructions, which guide juries in determining serious bodily harm.
Yes. California Vehicle Code 23153 applies to alcohol, drugs, or both. Prosecutors must prove the influence causing injury occurred while driving in a negligent manner.
DUI causing injury involves non-fatal harm. Vehicular manslaughter involves death. Courts often rely on California Criminal Jury Instructions to determine gross negligence, impairment, and causation.
Yes. Felony DUI influence causing injury can qualify as a strike under California’s Three Strikes Law if prosecutors prove serious injury caused while driving in a negligent manner.
A DUI attorney challenges evidence, questions whether you drove in a negligent manner, and uses California Criminal Jury Instructions to dispute whether impairment truly caused the injury.
A DUI causing injury charge threatens your freedom, your record, and your future. Felony DUI causing injury can lead to state prison time, a strike on your record, restitution to victims, and a permanent felony conviction. Evidence must be preserved early, and the DMV hearing deadline is just 10 days from your arrest.
At Perlman & Cohen Los Angeles Criminal Lawyers, we fight for your freedom like family. We bring experienced DUI defense attorneys, thousands of courtroom appearances, aggressive advocacy, and expert witnesses to every case. Our legal representation covers every aspect of your DUI defense, from challenging the chemical test to negotiating with the district attorney.
Call (310) 557-1700 today for a confidential consultation to schedule your free case evaluation. We are available 24/7 to take your call. A charge is not a conviction; let our team build the strongest defense for your case.
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