DUI Causing Injury in California

Vehicle Code 23153 VC Defense Lawyer

Getting arrested for DUI in California is serious. But when alcohol or drugs are involved, and someone is injured, the consequences escalate quickly.

Under California Vehicle Code 23153, a DUI that results in injury is treated as a “wobbler” offense, meaning it can be filed as either a misdemeanor or a felony depending on the facts of the case.

If you were involved in a DUI accident in Los Angeles County or the San Fernando Valley, you are facing far more than a standard DUI—including jail or prison, license suspension, restitution, and possibly a permanent felony record.

The Hedding Law Firm is here to help. Schedule your consultation at (866) 986-2092 or contact us here. 

What Is DUI Causing Injury Under Vehicle Code 23153?

Vehicle Code 23153 applies when:

The injury does not have to be catastrophic to trigger felony filing. Prosecutors often elevate cases based on:

  • Complaints of pain

  • Soft-tissue injuries

  • Allegations by the other driver

This is where aggressive legal defense becomes critical.

How Police Investigate DUI Injury Accidents

When officers arrive at a DUI accident scene, their priorities are:

  1. Medical attention for anyone injured
  2. Determining who was driving
  3. Looking for signs of intoxication

Officers typically look for:

  • Slurred speech

  • Odor of alcohol

  • Bloodshot eyes

  • Unsteady balance

They may then request:

  • Field sobriety tests

  • Preliminary alcohol screening (PAS)

  • Chemical testing (breath or blood)

Refusing tests can still lead to arrest—and adds automatic DMV penalties.

DUI Injury Penalties in California

Misdemeanor DUI Causing Injury

If injuries are considered minor:

  • Minimum 5 days in jail

  • Up to 1 year in county jail

  • 1-year license suspension

  • DUI classes and probation

  • Restitution to alleged victims

Felony DUI Causing Injury

If injuries are considered serious:

  • 90 days to 3 years in jail or prison

  • Longer license suspension

  • Strike exposure

  • Substantial fines and restitution

Great Bodily Injury (GBI) Enhancements

If prosecutors allege Great Bodily Injury (GBI):

  • 3 additional years are added to the sentence

  • The offense becomes a strike

  • You must serve 85% of the sentence

  • Total exposure can reach 6 years in prison

This enhancement must be fought aggressively, or it will follow you for life.

Vehicular Manslaughter While Intoxicated

If a DUI accident results in a death:

These are life-altering cases that demand a seasoned defense attorney who knows how to fight prosecutors—not just negotiate deals.

Bail, Custody, and Arraignment in DUI Injury Cases

In DUI injury cases:

  • You may be held in custody after arrest

  • Judges consider dangerousness and BAC level

  • High BAC often leads to bail requirements

  • Courts may order daily or weekly AA meetings

  • Felony filing can result in remand into custody

Preparation before your first court appearance is critical.

What Prosecutors Must Prove

To convict you under VC 23153, prosecutors must prove:

  • You were driving

  • You were impaired (BAC 0.08%+)

  • You committed an unsafe act

  • That act caused the injury

If any element fails, the case weakens.

DUI Injury Defenses That Matter

Strong defenses may include:

  • Challenging BAC accuracy

  • Questioning the causation of the accident

  • Weather or road conditions

  • The other driver's fault

  • Injury exaggeration

  • Improper police investigation

Soft-tissue injury claims are frequently overcharged as felonies—and must be challenged early.

DUI Injury Cases Are Not Routine DUIs

DUI injury cases are prosecuted aggressively due to pressure from advocacy groups and political considerations. Prosecutors often overfile and let the defense “sort it out.”

This is not the time for:

  • Inexperienced attorneys

  • Deal-only lawyers

  • Empty promises

You need an attorney who is ready to fight.

Speak With a DUI Injury Defense Lawyer Today

If you or a loved one has been charged with DUI causing injury—or worse—you need experienced legal representation immediately.

When you meet with us, you will learn:

  • Whether the case should be a misdemeanor or a felony

  • How to fight GBI allegations

  • Jail and prison exposure

  • Realistic outcomes—not sales pitches

These cases can define the rest of your life. Make sure you have the right attorney in your corner. Contact the Hedding Law Firm in Los Angeles for a case review.

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