California Vehicle Code 23153 (VC 23153): DUI Causing Bodily Injury

Definition and Aspects of a DUI Causing Bodily Injury:

In the event of a DUI incident or collision where the driver causes injury to another party, the offender can be charged with more than a simple DUI (VC 23152). Under California Vehicle Code 23153 (VC 23153), DUI causing bodily injury is a misdemeanor or a potential felony-level offense that is punishable with hefty fines, license suspension, court-mandated classes, and even a prison sentence, depending on the details of the crime.

There are two separate statutes an offender can be charged with:

1. California Vehicle Code 23153(a) (VC 23153(a)) – Driving Under the Influence Causing Injury
2. California Vehicle Code 23153(b) (VC 23153(b)) – Driving with a .08% or Higher Blood Alcohol Content Causing Injury

To be convicted of California Vehicle Code 23153(a) (VC 23153(a)) – Driving Under the Influence Causing Injury, the Prosecution must prove the following:

1. The Defendant operated a vehicle;
2. The Defendant, at the time of the incident, was under the influence of alcohol, drugs, or both;
3. The Defendant committed a negligent or illegal act while driving;
4. The Defendant caused bodily injury to another person.

For the purposes of this statute, being ‘under the influence’ is defined as not having the capabilities to drive in the same manner as a sober person. Whether it’s a physical or mental impairment, if the Defendant cannot perform the same way as an alert person would, it is constituted as being under the influence. This definition could refer to illegal or prescription drugs, as well as over-the-counter medication that hinders the abilities of the driver.

To be convicted of California Vehicle Code 23153(b) (VC 23153(b)) – Driving with a .08% or Higher Blood Alcohol Content Causing Injury, the Prosecution must prove the following:

1. The Defendant operated a vehicle;
2. The Defendant, at the time of the incident, had a blood-alcohol level of .08% or higher;
3. The Defendant committed a negligent or illegal act while driving;
4. The Defendant caused bodily injury to another person.

If a breath or blood test is taken at the time of the incident that shows a blood alcohol concentration level of .08% or higher, a Defendant would be found guilty of violating this statute. Whether there was alcohol or drug consumption or not, this is a ‘per se’ law with very little room for tolerance toward violators.

Criminal Offenses Related to a DUI Causing Bodily Injury:

Similar or related offenses to California Vehicle Code Section 23153 (VC 23153), DUI causing bodily injury:

1. Driving Under the Influence of Alcohol or Drugs – California Vehicle Code Section 23152(a) (VC 23152(a))
2. Driving with a Blood Alcohol Content of .08% or Higher – California Vehicle Code Section 23152(b) (VC 23152(b))
3. Gross Vehicular Manslaughter While Intoxicated – California Penal Code Section 191.5(a) (PC 191.5(a))
4. Vehicular Manslaughter While Intoxicated – California Penal Code Section 191.5(b) (PC 191.5(b))
5. DUI Murder – California Penal Code Section 187 (PC 187)

Example of a DUI Causing Bodily Injury:

A woman is driving home from a club after a night of drinking with her friends. In a state of intoxication, she doesn’t notice the light has turned red, and she crosses the intersection, slamming into an oncoming vehicle. The other driver suffers a few broken ribs, and the woman driving can be charged with California Vehicle Code 23153 (VC 23153), DUI causing a bodily injury.

However, if it turned out that the other driver who got hit at the red light was also under the influence, he/she could be charged with (VC 23152) driving under the influence of alcohol, but could not be charged with California Vehicle Code 23153 (VC 23153), DUI causing a bodily injury, because the injury was not caused by him/her.

Defenses to a DUI Causing Bodily Injury:

If the Defendant is not the one whose actions caused harm while being under the influence, California Vehicle Code 23153 (VC 23153), DUI causing a bodily injury will not apply in that case. Just like in the example above, if the Defendant was driving under the influence and someone else caused the injury, the Defendant wouldn’t hold responsibility and could not be charged with DUI causing bodily injury (VC 23153).

The defense could also argue the incident, factoring in aspects such as the condition of the road, visibility, the vehicle’s possible mechanical errors, or any other relevant condition that could impair the driver’s ability.

Additionally, if there were no sufficient testing conducted, and it could not be proven that the Defendant was under the influence of alcohol by a blood or breath test, the charges could be dropped. For California Vehicle Code 23153 (VC 23153), DUI causing a bodily injury, it is required for the Defendant to be under the influence while operating a vehicle that caused the bodily injury.

Consequences and Penalty for DUI, Causing Bodily Injury:

DUI causing a bodily injury, under California Vehicle Code 23153 (VC 23153), is a ‘wobbler’ offense, meaning it could be charged as either a misdemeanor or a felony, depending on the circumstances of the crime and the history of the Defendant.

If charged as a misdemeanor, the penalty is up to five years of probation, between $390-$5,000 in court fines, 3-30 months of DUI classes, a one to three-year driver’s license suspension, and up to one year in jail. Additionally, depending on the injuries, a resolution to the Victim’s sufferance could fall on the Defendant. First time DUI offenders typically get charged with a misdemeanor unless there are other egregious factors.

Unlike with most DUI related charges, if the Defendant has two or more convictions regarding driving under the influence within the last ten years, being found guilty of California Vehicle Code 23153 (VC 23153) is a felony. As a felony offense, the maximum prison sentence goes up to four years. If the injury of the victim is deemed long-term or serious, an additional three to six years can be added on top of that prison sentence. If there were more than one Victims, a consecutive one-year sentence could be tacked on for each additionally injured person for up to three years. If convicted, the Defendant is also responsible for $1,015-$5,000 in court fines, 18-to-30 months of DUI school, and a five-year suspension of his/her driver’s license. This is also a ‘strike’ on the Defendant’s record, who will be branded as a Habitual Traffic Offender (HTO) on their record.

DUI Causing Bodily Injury, under California Vehicle Code 23153 (VC 23153), is a ‘wobbler’ offense that can result in jail or prison time, fines, and additional long-term consequences. It is imperative that if you are charged with a DUI that caused bodily injury on another, you contact an experienced attorney as soon as possible.