CVC 23153 - DUI Causing Injury in California | What You Need to Know

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

1. Request a DMV hearing within 10 days to contest the automatic license suspension.
2. Do not discuss the case with anyone except your attorney. Anything you say can be used against you.
3. Gather evidence as described above.
4. Consult with a DUI defense attorney as soon as possible.
5. Attend all court dates and comply with any release conditions.
6. 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.