VC 23153
(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or 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.
(b) It is unlawful for any 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.
VC 23153 is the California law that makes a DUI more serious when someone was injured. It can be treated as either a misdemeanor or felony, and carries much more substantial penalties than a regular DUI. The law is the same whether you were under the influence of drugs or alcohol (or both).
Defending against DUI Causing Injury
Although a serious charge, DUI Causing Injury can be hard to prove. The prosecutor can choose to proceed one of two ways:
- They must prove that:
- You had at least .08% blood concentration of either alcohol or a drug
- You broke some other law on the road
- Your breaking that law led to the injury
- Or, they must prove that:
- You were “under the influence” of either alcohol or a drug
- You broke some other law on the road
- Your breaking that law led to the injury
The difference is subtle but important. The prosecutor doesn’t have to prove you were over the .08% limit if they can prove you were “under the influence” (impaired). Their evidence of this may involve reports that you swerved, slurred your speech, etc. But if they can prove you were over .08%, they don’t need to prove you were impaired at all. Simply being over the limit is enough.
The prosecutor’s weak spot is that they must also prove you broke some other rule of the road. If they can’t, you can’t be convicted. Or, if breaking the other rule isn’t what caused the accident, again you can’t be convicted. Here’s an example:
You were driving home after having three drinks with friends. In addition to driving under the influence, you were spotted by a police officer rolling through a stop sign. A block later, before the officer could pull you over, someone ran across the street without warning and you hit them, causing an injury. You were under the influence and you broke a stop sign law, but that’s not what caused the injury.
In this example, you are not guilty of DUI Causing an Injury. Many real life cases are much less clear than this—but a DUI lawyer can help you fight the charge.
Penalties for DUI Causing Injury
VC 23153 can be a misdemeanor or a felony.
- Misdemeanor: The law is charged as a misdemeanor if injuries were minor and it is your first or second DUI causing injury. Penalties include a longer minimum jail sentence than a regular DUI (5 days), longer maximum jail sentence (1 year instead of 6 months) and a longer license suspension (1 year or more).
- Felony: It’s charged as a felony if there are serious injuries or if it’s your third (or more) DUI causing injury. With the felony version you face a minimum two years in prison. Often the prison sentence will be much longer depending on how many people were hurt and how serious the injuries were. Felony DUI’s carry other penalties as well.
DUI causing injury is a serious charge. You need to fight it. We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call (310) 896-2724 and get your free consultation today.