CVC 23153 - DUI Causing Injury in California | What You Need to Know
California Vehicle Code 23153 makes it illegal to drive under the influence of alcohol or drugs and cause bodily injury to another person. This is a serious criminal offense that can be charged as a misdemeanor or felony.
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California Vehicle Code ticket overview
This page explains CVC 23153 for California traffic tickets, including what the violation means, why the ticket may matter, and what a driver should review before deciding whether to pay or contest it.
ClerkHero helps California drivers prepare Trial by Written Declaration (TR-205) paperwork online when a written-defense path appears to fit. ClerkHero is not a law firm.
CVC 23153, also written as VC 23153 on many California traffic citations, is the Vehicle Code section for DUI with Injury.
Quick answer
CVC 23153 Quick Answer
Got a DUI with Injury ticket? See the likely cost, points, fix-it status, and best next step before you pay.
Estimated total exposure
$431 to $469+ (varies by county)
DMV points
2 points
Fix-it eligible
No
Traffic school
Check details
Fight by mail
Depends
Includes estimated court assessments, possible fees, and longer-term insurance impact when applicable. Actual court bail/fine may be lower and varies by county.
Best next step: Review the $431 to $469+ (varies by county) plus DMV point risk before you pay.
ClerkHero is a self-help software provider, not a law firm. We help prepare documents for your review. Eligibility depends on your ticket and court.
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What to do right now
- 1Check the exact violation and court deadline.
- 2Compare the cost of paying against your available options.
- 3Save photos, receipts, and any proof.
- 4Compare the cost of paying versus fighting.
Also searched as
Drivers and courts may refer to this violation using any of these labels:
- VC 23153
- VC23153
- Vehicle Code 23153
- California Vehicle Code 23153
- CVC 23153
Violation category
General Traffic
Base fine
$100
Estimated total cost
$431 to $469+ (varies by county)
DMV points
2 points
What is California Vehicle Code CVC 23153?
CVC 23153 is California's DUI causing injury law. It applies when a driver operates a vehicle while impaired by alcohol or drugs and causes physical harm to someone else. This is not a simple traffic ticket. It is a criminal charge with potential jail time, heavy fines, license suspension, and long-term consequences. Because this is a high-risk criminal matter, you should strongly consider consulting a licensed attorney. ClerkHero may not handle all case types, especially felony DUI cases.
Common scenarios
Scenario 1
You were driving home after having several drinks at a bar. You ran a red light and collided with another vehicle, causing the other driver to suffer a broken arm. You were arrested and charged with CVC 23153.
What to do: Save evidence immediately and compare the cost of paying against fighting by written declaration.
Scenario 2
You were taking prescription medication that impaired your ability to drive. You drifted into the bike lane and struck a cyclist, causing injuries. Police charged you with DUI causing injury even though you were not drinking alcohol.
What to do: Save evidence immediately and compare the cost of paying against fighting by written declaration.
Scenario 3
You were involved in a multi-car accident on the freeway. Another driver caused the initial collision, but because you had been drinking, you were also charged with CVC 23153 for injuries to a passenger in your vehicle.
What to do: Save evidence immediately and compare the cost of paying against fighting by written declaration.
Key facts
- CVC 23153 is a criminal charge, not a traffic infraction. You face potential jail or prison time, not...
- You have only 10 days from the date of arrest to request a DMV hearing. Missing this deadline...
- A conviction results in 2 DMV points that stay on your record for 10 years. Your insurance rates...
- CVC 23153 can be charged as either a misdemeanor or felony. The severity of the injuries, your prior...
- You cannot use traffic school or Trial by Written Declaration for this charge. These options are only available...
Search & topic tags
People also search
- CVC 23153 penalties California
- DUI causing injury misdemeanor or felony
- CVC 23153(a) vs 23153(b)
- how to fight CVC 23153 charge
- DUI with injury defense lawyer
- California DUI causing bodily harm
- CVC 23153 DMV hearing
- what happens if someone is injured in a DUI accident
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Fine breakdown for CVC 23153
Fine breakdown for CVC 23153
| Category | Estimated amount |
|---|---|
| Base fine | $100 |
| Court add-ons (varies by county) | $331 to $369+ |
| Total estimated out-of-pocket | $431 to $469+ (varies by county) |
Official county court examples suggest a $100 base fine often turns into about $431 to $469+ once penalty assessments and court fees are added.
Includes estimated court assessments, possible fees, and longer-term insurance impact when applicable. Actual court bail/fine may be lower and varies by county.
A conviction can also raise insurance costs over time.
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What happens if you ignore this ticket?
- - The court can add late fees.
- - The case may be sent to collections.
- - DMV or registration issues may follow.
- - A fixable ticket can become more expensive.
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Detailed guide
What Is California Vehicle Code 23153?
California Vehicle Code Section 23153 prohibits driving under the influence of alcohol or drugs and causing bodily injury to another person. This law is separate from a standard DUI (CVC 23152). The key difference is that someone was hurt as a result of your impaired driving.
This is a criminal offense, not just a traffic infraction. If you received a citation or were arrested under CVC 23153, you are facing serious legal consequences. You should understand what this charge means, what penalties you may face, and what options are available to you.
Understanding the Two Parts of CVC 23153
California law divides CVC 23153 into two subsections:
CVC 23153(a): DUI Causing Injury (General)
This section makes it illegal to drive under the influence of alcohol or drugs and cause injury to another person. The prosecution does not need to prove a specific blood alcohol concentration (BAC). They only need to show that you were impaired and that your impairment caused the injury.
CVC 23153(b): DUI Causing Injury with BAC of 0.08% or Higher
This section applies when your BAC was 0.08% or higher at the time of driving and you caused injury to someone. The prosecution must prove both the BAC level and the injury.
You can be charged under both subsections at the same time. However, you can only be convicted and punished under one.
What Does "Bodily Injury" Mean?
Under California law, bodily injury means any physical injury that requires professional medical treatment. It does not need to be severe or permanent. Even minor injuries like cuts, bruises, or whiplash can qualify if they required medical attention.
The injury must have been caused by your impaired driving. If the injury was caused by something else, such as another driver's actions or a mechanical failure, you may have a defense.
Is CVC 23153 a Misdemeanor or Felony?
CVC 23153 can be charged as either a misdemeanor or a felony. This is known as a "wobbler" offense. The decision depends on several factors:
- The severity of the injuries
- Whether you have prior DUI convictions
- Your criminal history
- The specific facts of the case
If charged as a misdemeanor, the penalties are serious but less severe. If charged as a felony, you face much harsher consequences, including state prison time.
Penalties for CVC 23153
Misdemeanor Penalties
If convicted of misdemeanor DUI causing injury, you may face:
- County jail time ranging from 5 days to 1 year
- Fines between $390 and $5,000
- Restitution to the injured party for medical bills and other losses
- DUI probation for 3 to 5 years
- Driver's license suspension for 1 to 3 years
- Completion of a DUI education program (typically 18 or 30 months)
- Installation of an ignition interlock device (IID) on your vehicle
Felony Penalties
If convicted of felony DUI causing injury, you may face:
- State prison time ranging from 2 to 4 years
- An additional 1 year for each person injured (beyond the first victim)
- An additional 3 to 6 years if the victim suffered great bodily injury
- Fines between $1,015 and $5,000
- Restitution to all injured parties
- Habitual Traffic Offender (HTO) status for 3 years
- Driver's license revocation for up to 5 years
- Strike on your record under California's Three Strikes Law (if great bodily injury occurred)
DMV Consequences
In addition to criminal penalties, the California DMV will take administrative action against your driver's license. You have only 10 days from the date of arrest to request a DMV hearing to contest the suspension. If you do not request a hearing, your license will be automatically suspended.
The DMV suspension is separate from any criminal court suspension. You may face both.
What to Check on Your Citation or Arrest Documents
If you were cited or arrested for CVC 23153, carefully review all documents you received. Look for:
- The exact Vehicle Code section cited (23153(a), 23153(b), or both)
- Whether you are charged with a misdemeanor or felony
- The court date and location
- Whether your license was confiscated and a temporary license issued
- Any bail or release conditions
- Instructions for requesting a DMV hearing
You must act quickly. Missing deadlines can result in automatic license suspension and other consequences.
Evidence to Gather Immediately
Time is critical in DUI causing injury cases. Evidence can disappear or become harder to obtain. Gather the following as soon as possible:
- Photos of the accident scene, vehicle damage, and road conditions
- Contact information for any witnesses
- Medical records showing your condition at the time of the incident
- Receipts or records showing what you ate or drank before driving
- Dashcam or surveillance footage from nearby businesses or homes
- Maintenance records for your vehicle (if mechanical failure may have contributed)
- Weather reports or other environmental factors that may have played a role
This evidence can be critical in building a defense or negotiating a better outcome.
Your Options Before Pleading Guilty
Do not assume that a guilty plea is your only option. You have several possible paths:
1. Contest the Charges
You have the right to plead not guilty and take your case to trial. The prosecution must prove every element of the offense beyond a reasonable doubt. If they cannot, you may be acquitted.
2. Negotiate a Plea Bargain
In some cases, your attorney may be able to negotiate with the prosecutor to reduce the charges. For example, a felony charge might be reduced to a misdemeanor, or a DUI causing injury charge might be reduced to a standard DUI or reckless driving.
3. Challenge the Evidence
Many DUI cases involve flawed evidence. Blood tests, breath tests, and field sobriety tests can be challenged if they were not administered correctly or if there were problems with the equipment or procedures.
4. Argue Lack of Causation
Even if you were impaired, the prosecution must prove that your impairment caused the injury. If the injury was caused by another factor, you may have a strong defense.
Common Defenses to CVC 23153
Every case is different, but some common defenses include:
You Were Not Impaired
The prosecution must prove that you were under the influence at the time of driving. If the chemical test was delayed or improperly administered, the results may not accurately reflect your level of impairment while driving.
You Were Not Driving
If you were not the person driving the vehicle, you cannot be convicted under CVC 23153. Mistaken identity or false accusations can occur, especially in chaotic accident scenes.
The Injury Was Not Caused by Your Driving
The prosecution must prove a direct link between your impaired driving and the injury. If the injury was caused by another driver, a pedestrian's actions, or an unavoidable accident, you may not be guilty under this statute.
The Chemical Test Was Inaccurate
Breath and blood tests are not always reliable. Issues such as improper calibration, contamination, medical conditions, or delays in testing can lead to inaccurate results.
Your Rights Were Violated
If law enforcement violated your constitutional rights during the stop, arrest, or investigation, evidence may be suppressed. This can weaken the prosecution's case or lead to dismissal.
Traffic School and Trial by Written Declaration
Because CVC 23153 is a criminal offense, not a simple traffic infraction, traffic school is not an option. You cannot resolve this charge by completing a traffic school course.
Trial by Written Declaration (TBWD) is also not available for criminal charges. TBWD is only available for certain infractions where you can submit a written statement instead of appearing in court. CVC 23153 requires court appearances and cannot be handled through TBWD.
DMV Points and Insurance Consequences
A conviction under CVC 23153 will result in 2 points on your California driving record. These points remain on your record for 10 years for DUI-related offenses.
Your auto insurance rates will likely increase significantly. Many insurance companies will drop coverage entirely after a DUI causing injury conviction. You may be required to obtain SR-22 insurance, which is a certificate proving you carry the state-required minimum liability coverage. SR-22 insurance is typically much more expensive than standard coverage.
Why You Should Consider Legal Representation
CVC 23153 is a high-risk criminal charge. The consequences of a conviction can include jail or prison time, heavy fines, loss of your driver's license, and a permanent criminal record. This is not a matter you should handle on your own.
A licensed attorney can:
- Review the evidence and identify weaknesses in the prosecution's case
- Challenge the legality of the traffic stop and arrest
- Negotiate with the prosecutor for reduced charges or alternative sentencing
- Represent you at DMV hearings to fight license suspension
- Prepare and present a strong defense at trial if necessary
ClerkHero may not handle all case types, especially felony DUI cases or cases involving serious injury. You should consult with a qualified DUI defense attorney who has experience with CVC 23153 cases.
What Happens If You Are Convicted?
A conviction under CVC 23153 will have long-term consequences:
- A criminal record that can affect employment, housing, and professional licenses
- Increased insurance costs for years
- Difficulty traveling to certain countries, including Canada
- Potential civil lawsuits from the injured party
- Loss of certain rights, such as the right to own firearms (for felony convictions)
Expungement may be possible after you complete probation, but it does not erase the conviction from your record entirely. It can help with employment and housing, but the conviction will still appear on background checks for certain purposes.
Next Steps After Receiving a CVC 23153 Citation
- Request a DMV hearing within 10 days to contest the automatic license suspension.
- Do not discuss the case with anyone except your attorney. Anything you say can be used against you.
- Gather evidence as described above.
- Consult with a DUI defense attorney as soon as possible.
- Attend all court dates and comply with any release conditions.
- Do not plead guilty without first understanding your options and potential defenses.
Final Thoughts
CVC 23153 is one of the most serious DUI-related charges in California. If you are facing this charge, you are dealing with a criminal case that can have life-changing consequences. You should take it seriously and seek qualified legal help.
Understand your rights, gather evidence, and explore all available defenses before making any decisions. A conviction is not inevitable, and many people have successfully fought these charges or negotiated better outcomes.
ClerkHero provides information to help you understand your situation, but we cannot provide legal advice. For a case as serious as CVC 23153, you should strongly consider consulting a licensed attorney who can evaluate your specific circumstances and represent your interests.
Decision point
Is it worth challenging this ticket?
Compare paying now against checking your available options, including points and insurance risk.
Common defenses
Defense ideas to review if written declaration is available
Every ticket is different. These issues can help you organize facts, evidence, and questions before deciding whether to pay, correct the issue, or check eligibility.
Defense 1
You were not under the influence at the time of driving. Chemical test results may be inaccurate due to improper administration, equipment malfunction, or medical conditions that affect test results.
Defense 2
You were not the person driving the vehicle. Mistaken identity or false accusations can occur, especially in chaotic accident scenes with multiple people present.
Defense 3
The injury was not caused by your driving. Another driver, road conditions, mechanical failure, or the injured party's own actions may have been the actual cause of the injury.
Defense 4
The traffic stop or arrest was unlawful. If police did not have reasonable suspicion to stop you or probable cause to arrest you, evidence obtained may be suppressed.
Defense 5
The chemical test was conducted improperly or too long after the incident. Blood or breath test results may not accurately reflect your level of impairment at the time you were actually driving.
Defense 6
The injury was minor and did not require professional medical treatment. If the alleged injury does not meet the legal definition of bodily injury under California law, the charge may not be valid.
More resources for CVC 23153
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Frequently asked questions about CVC 23153
What should I do immediately after being arrested for CVC 23153?
Request a DMV hearing within 10 days to contest the automatic license suspension. Do not discuss the case with anyone except an attorney. Gather evidence such as photos, witness information, and medical records. Consult with a DUI defense attorney as soon as possible. Do not plead guilty or make any statements to police without legal representation.
Can I get this charge reduced to a lesser offense?
In some cases, yes. An experienced attorney may be able to negotiate with the prosecutor to reduce a felony to a misdemeanor, or reduce a DUI causing injury to a standard DUI or reckless driving. The outcome depends on the strength of the evidence, the severity of the injuries, your criminal history, and the skill of your attorney. There are no guarantees, but many cases are resolved through plea bargaining.
Will I lose my driver's license if convicted of CVC 23153?
Yes, a conviction will result in license suspension or revocation. For a misdemeanor, you may face a 1 to 3 year suspension. For a felony, you may face up to 5 years revocation. You may be eligible for a restricted license with an ignition interlock device, but this depends on your specific case and prior record. The DMV also imposes a separate administrative suspension that begins before your criminal case is resolved.
How is CVC 23153 different from a regular DUI under CVC 23152?
CVC 23152 is a standard DUI where no one was injured. CVC 23153 applies when someone was injured as a result of your impaired driving. The penalties for CVC 23153 are much more severe, including longer jail or prison sentences, higher fines, and longer license suspensions. CVC 23153 can also be charged as a felony, while a first-time CVC 23152 is typically a misdemeanor.
More FAQs about CVC 23153
What if the injury was not my fault or was caused by another driver?
You may have a strong defense if the injury was not caused by your impaired driving. The prosecution must prove that your impairment was a substantial factor in causing the injury. If another driver, road conditions, or other factors were the actual cause, you may not be guilty under CVC 23153. Your attorney can investigate the accident, review evidence, and challenge the prosecution's theory of causation.
Can I represent myself in a CVC 23153 case?
You have the right to represent yourself, but it is strongly discouraged. CVC 23153 is a complex criminal charge with serious consequences. The rules of evidence, court procedures, and negotiation strategies require legal expertise. An experienced DUI attorney can identify defenses, challenge evidence, and negotiate outcomes that you may not be able to achieve on your own. Given the potential for jail time and a permanent criminal record, legal representation is critical.
What is the difference between the DMV hearing and the criminal court case?
The DMV hearing is an administrative proceeding to determine whether your license should be suspended. It is separate from your criminal case. The DMV hearing focuses only on whether you were driving with a BAC of 0.08% or higher or refused a chemical test. The criminal court case determines whether you are guilty of CVC 23153 and what penalties you will face. You can win one and lose the other, or vice versa.
Will a CVC 23153 conviction affect my employment or professional license?
Yes, a conviction can have serious employment consequences. Many employers conduct background checks and may not hire or may terminate employees with DUI convictions, especially those involving injury. If you hold a professional license (such as for nursing, teaching, or law), you may face disciplinary action or license suspension. Commercial drivers will lose their CDL for at least one year. You should discuss these concerns with your attorney when evaluating your options.
What is VC 23153?
VC 23153 is another way California courts and citations may refer to CVC 23153 for DUI with Injury. VC means Vehicle Code, while CVC means California Vehicle Code.
Is VC 23153 the same as CVC 23153?
Yes. On California traffic tickets, VC and CVC can refer to the same California Vehicle Code section. VC23153 is the compact version of VC 23153.
Can I fight a VC 23153 ticket?
You may be able to contest it depending on the facts, evidence, and court process. ClerkHero can help eligible California drivers prepare self-help documents for review.
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Official sources
ClerkHero uses official California court and DMV resources where available.
- California Courts Form TR-205
Official Trial by Written Declaration form used for eligible California traffic infractions.
- California DMV: Negligent Operator Treatment System
Official DMV resource explaining point-count thresholds and negligent operator rules.
- Alameda County Traffic Court fee example
- Tuolumne County Traffic Court fee example